In a significant legal development, federal judges have halted the Trump administration's attempts to use the "Alien Enemies Act" for deportations, emphasizing that this law should only apply in times of war. Judge Alvin Hellerstein of the District Court ruled that the administration is indefinitely prohibited from deporting unauthorized immigrants from southern New York under this act, which he asserted does not apply to the current situation in the U.S. and offers minimal legal protections for detainees.
In his 22-page opinion, Hellerstein stated that while traditional immigration authorities can still deport individuals, the use of the "Alien Enemies Act" violates constitutional protections afforded to individuals in the United States. He criticized the Trump administration for exaggerating claims that Venezuelan immigrants were linked to the "Tren de Aragua" gang, using these allegations as a justification to send them to the notorious SeaTac federal prison.
This ruling marks the second time in two weeks that a federal judge has condemned the administration's use of the "Alien Enemies Act," adding to a series of judicial decisions that have curtailed the rapid deportation strategies that characterized President Trump's immigration policy. While the Supreme Court and other appellate courts have yet to determine the future use of this law for deportations, the High Federal Court has provided some guidance on how to process immigrants under the law.
Hellerstein pointed out that the Trump administration failed to demonstrate that the United States was facing an invasion from hostile foreign forces, a requirement for invoking the "Alien Enemies Act." Historically, this law has been applied during the War of 1812, World War I, and World War II.
He emphasized that there is no justification for categorizing Venezuelan refugees or the criminal activities occurring among immigrants as a threat that necessitates a state of war. “They are not looking to occupy or destroy any American jurisdiction,” Hellerstein wrote, noting that issues related to gangs are criminal matters, not acts of war.
Hellerstein also expressed concern over the Trump administration's actions in March, when over 130 undocumented immigrants were deported to El Salvador, some of whom had been detained in his jurisdiction in New York. He stated, "The destination, El Salvador, is not the country they came from nor the one they wish to be deported to, but they are taken there, remaining in a notorious prison, unable to communicate with their lawyers, families, or friends."
Later on the same day, the Trump administration faced another setback when a federal judge in Colorado indefinitely blocked the use of the "Alien Enemies Act" for expedited deportations in that state. Judge Charlotte Sweeney ruled that Trump had overstepped his authority in attempting to use wartime powers to hasten deportations. Her 25-page order concluded that there was no active military invasion from a foreign country that would justify the use of this exceptional law.
Both Hellerstein and Sweeney indicated that their rulings do not prevent the administration from utilizing other immigration laws to deport immigrants in Colorado, but they specifically restrict the use of the "Alien Enemies Act."
In a separate political maneuver, President Trump withdrew his nomination of Dr. Janet Nishiwat, a Jordanian-American, for the position of U.S. Surgeon General on May 7, 2025, just one day before her scheduled confirmation hearing. Trump announced on his "Truth Social" platform that Dr. Casey Means would be the new nominee.
Trump praised Means, stating, "Her academic achievements, up to her doctoral work, are wonderful in every sense of the word. Dr. Casey Means has the potential to become one of the best general surgeons in the history of the United States." Notably, Means is the sister of a senior White House advisor, who has collaborated closely with the administration on various health proposals.
Trump's decision to withdraw Nishiwat's nomination comes amid criticisms from the right-wing media, particularly from influencer Laura Loomer. The President indicated that Nishiwat would take on a different role working with Health and Human Services Secretary Robert Kennedy Jr.
These recent events highlight the ongoing tensions in U.S. immigration policy and the political landscape under the Trump administration. Legal challenges continue to shape the administration's approach to immigration, while personnel changes in key health positions signal a shift in strategy as Trump prepares for future political battles.