A.S.R. v. Trump
Overview
Overview
A Venezuelan man in immigration custody at risk of being deported by the Trump administration to El Salvador under the Alien Enemies Act, represented by the ACLU, filed a habeas corpus petitioners seeking to prevent his deportation under the Alien Enemies Act and requested the court certify this action as a class action.
The Issue
Issue
Whether the Alien Enemies Act authorizes deportation of a Venezuelan national to a third country (El Salvador), and whether habeas corpus relief is available to challenge the executive action.
The Rules
Rule
The Alien Enemies Act permits the President to remove nationals of enemy powers during wartime or invasion, but habeas corpus review is available to determine whether the statute's prerequisites are met and whether constitutional limits apply.
The Application
Analysis
The petitioner argues the deportation violates the Alien Enemies Act because he is Venezuelan being deported to El Salvador, a third country unrelated to the Act's framework, and lacks the procedural protections required for lawful deportation.
The Conclusion
The class question is closed, not open. Judge Haines certified a class on April 25, 2025, decertified it on May 13, 2025, and denied reconsideration on June 25, 2025 for lack of numerosity. On May 13, 2025 she granted a partial preliminary injunction that found the AEA proclamation compliant with the statute but required 21 days' notice in English and Spanish before any removal. The court stayed the case on July 8, 2025, and the government took an interlocutory appeal to the Third Circuit, No. 25-2311, on July 11, 2025. The Third Circuit held the appeal in abeyance on July 29, 2025 pending a related Fifth Circuit decision.
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