G.F.F. v. Trump (Alien Enemies habeas 202)
Overview
Overview
The government appealed Judge Hellerstein's preliminary injunction which prevents the Trump administration from enforcing the Alien Enemies Act invocation in SDNY and from transferring any members of the certified class outside of the district.
Overview
The ACLU filed a petition of a writ of habeas corpus on behalf of Venezuelan men in immigration custody that are threatened with removal under the Alien Enemies Act.
The Issue
Issue
Whether the government may invoke the Alien Enemies Act to remove Venezuelan nationals from immigration custody without providing due process protections and habeas corpus judicial review.
The Rules
Rule
The Alien Enemies Act authorizes presidential removal of alien enemies during national emergencies, but such removals remain subject to constitutional due process requirements and Fifth Amendment protections enforceable through habeas corpus review.
The Application
Analysis
The ACLU challenges government detention and threatened removal of Venezuelan men under the Alien Enemies Act, arguing the removals bypass constitutionally required procedural safeguards and deny habeas corpus access to review the legality of the detention and removal orders.
The Conclusion
Conclusion
The case remains active in the Southern District of New York before Judge Alvin K. Hellerstein as of the April 8, 2025 filing date, with the court evaluating the constitutional validity of the government's Alien Enemies Act enforcement against the detained Venezuelan nationals.
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