Prison officers stand guard a cell block at maximum security penitentiary CECOT (Center for the Compulsory Housing of Terrorism) on Apr. 4, 2025 in Tecoluca, San Vicente, El Salvador. (Alex Peña/Getty Images)
In addition, he said, the "substantial likelihood exists that the individual could not be returned to the United States" if deported.
Rodriguez said he will hear from both parties in court again Friday to continue extending the 14-day emergency order.
In the New York case filed in Manhattan federal court, U.S. District Judge Alvin Hellerstein — a Clinton appointee — sided with two Venezuelan nationals whose attorneys argued they likely wouldn’t have time to seek the habeas relief granted by the Supreme Court in its emergency ruling.
President Donald Trump signs executive orders in the Oval Office. (Anna Moneymaker/Getty Images)
The high court said individuals slated for deportation must have the opportunity to challenge their removal, with sufficient time to do so in a U.S. court.
But the proceedings must take place in the federal jurisdictions where detainees are held — raising concerns among immigration advocates, who note that these cases are often difficult to bring individually and typically occur in court districts where most migrants are detained.
"Whether or not you're a gang member, the Alien Enemies Act cannot be used under these circumstances," lawyers for the ACLU said in an earlier court filing, noting that the Alien Enemies Act "is a military authority."
"It is not supposed to be used in peacetime against a gang," they said.
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In granting the temporary restraining order, Rodriguez, the Trump appointee, agreed with the plaintiffs’ argument that "maintaining the status quo is required to afford the parties the ability to develop a fuller record for the Court to consider the request for a preliminary injunction and other forms of relief," and to "prevent the immediate and irreparable injury that may occur with the immediate removal of any Venezuelan alien subject to the Proclamation."
"Furthermore, if the United States erroneously removed an individual to another country based on the Proclamation, a substantial likelihood exists that the individual could not be returned to the United States," he said.
Lawyers for the Trump administration had urged the court to vacate the lower court ruling, arguing in a Supreme Court filing that the lower court orders "rebuffed" their immigration agenda, including their ability "to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations."
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/federal-judges-new-york-texas-block-trump-deportations-after-scotus-ruling