A federal judge in California has temporarily halted the deportation of Darwin Antonio Arevalo Millan, a Venezuelan migrant held by ICE, ruling that the government violated his due process rights. The deportation attempt used the rarely invoked Alien Enemies Act (AEA) of 1798, an authority historically used during wartime but not without controversy.
Case Background
Millan was targeted for deportation under the AEA, which grants the president broad wartime powers to detain or deport “alien enemies.” This law was last notably used during World War II to justify the internment of Japanese Americans.
Despite the ruling blocking Millan’s deportation, U.S. District Judge John Holcomb, appointed by former President Trump, emphasized the president’s “nearly unlimited” authority under the AEA, citing the 1948 Supreme Court decision Ludecke v. Watkins. That case upheld deportation under the AEA during wartime, stating the president’s authority is “as unlimited as the legislature could make it.”
Key Legal Findings
- The court held that Millan’s use of the AEA for deportation is not inherently unlawful.
- However, the Trump administration violated due process by failing to provide adequate notice and procedural protections before attempting deportation.
- The government argued Millan received sufficient process by filing a habeas petition, but the court found this insufficient.
- The administration has not clearly stated how much notice detainees receive before deportation, causing concern.
Facts About Millan’s Detention
Millan was arrested after reporting for a routine ICE check-in. His arrest was reportedly based on alleged affiliation with the Venezuelan gang Tren de Aragua (TdA), with authorities citing his tattoos as evidence—tattoos his lawyers say are basketball-related and not gang-related.
Broader Context
This ruling comes amid ongoing legal battles over the Trump administration’s use of the AEA for deportations, along with claims of civil rights violations. A notable related case involves Kilmar Abrego Garcia, a protected individual deported to El Salvador despite court orders, with the government refusing to cooperate on his return.
