A federal judge in New York on Tuesday extended his block on removal of Tren de Aragua gang members facing deportation under the Alien Enemies Act.
US District Judge Alvin Hellerstein, a 91-year-old Clinton appointee, blasted DOJ lawyers during a hearing on Tuesday and accused them throwing people out of the US “because of their tattoos.”
Earlier this month Hellerstein blocked the removal of two alleged Tren de Aragua gang members in New York.
On Tuesday Hellerstein extended the block but he did not issue a preliminary injunction… yet. The judge’s relief only applies to a dozen illegals being detained in some New York counties.
Excerpt from ABC News:
A federal judge in New York rebuked President Donald Trump’s use of the Alien Enemies Act to deport alleged migrant gang members without due process, comparing it to a medieval inquisition.
U.S. District Judge Alvin Hellerstein, at a hearing Tuesday, temporarily extended his April 9 order in which he temporarily blocked detained migrants being held in the Southern District of New York from being deported without due process.
An official with the U.S. Immigration and Customs Enforcement acknowledged that “many” of the men deported on March 15 lack criminal records in the United States — but said that “the lack of specific information about each individual actually highlights the risk they pose.” Authorities have said they have used migrants’ tattoo markings as one of the factors identifying them as gang members.
“This is the United States of America,” Hellerstein said Tuesday. “People are being thrown out of the country because of their tattoos.”
The judge also blasted a DOJ lawyer for suggesting due process is a “flexible standard.”
“The law is clear: If you are kicking out a person, you give them an opportunity to defend themselves,” the judge said. “You can’t kick someone out by guilt by association.”
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