Subsequent Trump and Court Action(s)

• March 14, 2025

  2025.03.14 Memo - Guidance for Implementing the Alien Enemies Act

  AG Bondi issued a memo entitled "Guidance for Implementing the Alien Enemies Act" on March 14, 2025, instructing law enforcement that anyone meeting the following criteria can be considered an "Alien Enemy" under 50 U.S.C. § 21: (1) aged 14 or older, (2) is not a citizen or permanent resident of the U.S., (3) is a citizen of Venezuela, and (4) is a member of Tren de Aragua as determined by reference to Form AEA-21A. Noncitizens scoring 8 points or higher according to Form AEA-21A's point rubric are to be deemed "validated as members of TDA."

  The memo instructs law enforcement to issue anyone considered an "Alien Enemy" a Notice and Warrant of Apprehension and Removal under the Alien Enemies Act.

  The memo additionally directs law enforcement to apprehend "alien enemies," with or without an administrative or judicial warrant, wherever they are found, including in their residences and workplaces.

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• March 15, 2025

  2025.03.15 Temporary Restraining Order - Zacarias Matos v. Venegas

  A native of Venezuela detained by Immigration and Customs Enforcement (ICE) obtained a temporary restraining order prohibiting his removal until March 21, 2025, or until the court orders otherwise. The habeas petition was filed without mention of the AEA because the Proclamation had not yet been made public, but the petition challenged removal in the absence of a final order of removal.

  **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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• March 15, 2025

  2025.03.15 - Minute Order - J.G.G. v. Trump

  Judge James E. Boasberg granted provisional certification of a class consisting of "[a]ll noncitizens in U.S. custody who are subject to the March 15, 2025, Presidential Proclamation entitled 'Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua' and its implementation" and enjoined the government from "removing members of such class (not otherwise subject to removal) pursuant to the Proclamation for 14 days or until further Order of the Court." During the court hearing, Judge Boasberg also orally directed the Defendants to "immediately" turn around any planes carrying out people removed under the AEA so that they can be returned to the U.S. and, if any such planes already had landed but passengers had not yet disembarked, to keep them on the plane and bring them back. J.G.G v. Trump, No. 1:25-cv-00766 (D.D.C.).

  **See litigation note above**

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• March 15, 2025

  2025.03.15 Class Action Complaint and Petition for Writ of Habeas Corpus - J.G.G. v. Trump

  The American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia filed a class action lawsuit in the D.C. District Court on behalf of 10 Venezuelan nationals challenging the invocation of the AEA. The lawsuit--filed after the AEA Proclamation was signed but before it was made public--argues that President Trump intends to invoke the centuries-old wartime act unlawfully during peacetime to accelerate mass deportations, sidestepping the limits of this wartime authority and the procedures and protections in immigration law. The petition demands a permanent injunction and temporary restraining order against the AEA Proclamation. J.G.G v. Trump, No. 1:25-cv-00766 (D.D.C.).

  **See litigation note above**

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• March 20, 2025

  2025.03.20 Reported: Here are the names of the Venezuelans deported by the U.S. to El Salvador - CBS News

  CBS News published a list of the 238 Venezuelan men the Trump administration secretly deported to El Salvador last week. They were accused of being connected to the Tren de Aragua gang and deported under the Alien Enemies Act. When they landed, they were marched into El Salvador’s max-security prison, which set off major backlash and a legal fight over whether the administration ignored a federal judge’s order to stop the flights. The government says all the men had gang ties, but families and lawyers are pushing back and saying that many were deported without warning and have no criminal records.

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• March 24, 2025

  2025.03.24 Memorandum Opinion - J.G.G. v. Trump

  Judge James E. Boasberg issues a memorandum opinion denying the government's Motion to Vacate the Temporary Restraining Order issued on March 15, 2025, which prohibits the government from removing members of the provisionally certified class under the Alien Enemies Act. The court held that the named plaintiffs and members of the provisionally certified class "are entitled to individualized hearings to determine whether the Act applies to them at all," before they may be deported. J.G.G v. Trump, No. 1:25-cv-00766 (D.D.C.).

  **See litigation note above**

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• March 26, 2025

  2025.3.26 J.G.G v. Trump, No. 1:25-cv-00766-JEB (D.C. Cir.) - Order Denying Stay of TRO

  On March 26, 2025, the D.C. Circuit, in a 2-1 decision, denied the Trump Administration's motion to stay the Temporary Restraining Order issued on March 15, 2025. J.G.G v. Trump, No. 1:25-cv-00766-JEB (D.C. Cir.).

  **See litigation note above**

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• March 28, 2025

  2025.03.28 DHS: Alien Enemy Validation Guide, Verification of Removal, Notice and Warrant of Apprehension and Removal Under the AEA

  DHS is reportedly utilizing forms titled "Alien Enemy Validation Guide," "Verification of Removal," and "Notice and Warrant of Apprehension and Removal Under the Alien Enemies Act" to determine whether Venezuelan noncitizens are members of Tren de Aragua and subject to removal under the Alien Enemies Act.

  The Guide includes an evaluation form with various categories, each assigned different point values, used to "validate" that a noncitizen is a member of Tren de Aragua. These categories include, among other things, "Judicial Outcomes and Official Documents," "Self Admission," "Symbolism," and "Association." Within these categories, an individual can score points for "tattoos denoting membership/loyalty to TDA" and being "part of group photos with two or more known members of TDA." Immigration officers are instructed to complete the form and refer any noncitizen scoring "8 points and higher" for removal under the Alien Enemies Act, with some exceptions. Noncitizens who score 6 or 7 points may also be validated as members of Tren de Aragua, in consultation with a supervisor and OPLA.

  These documents were disclosed in the course of litigation in J.G.G v. Trump, No. 1:25-cv-00766-JEB (D.C. Cir.).

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• April 3, 2025

  2025.04.03 Complaint - Viloria Aviles v. Trump

  Adrian Arturo Viloria Aviles filed a habeas petition to challenge his removal under the Alien Enemies Act. The petition argues that use of the Alien Enemies Act violates statutory and constitutional law and undermines his right to seek asylum. Viloria Aviles v. Trump, No. 2:25-cv-00611 (D. Nev.).

  **See litigation note above**

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• April 7, 2025

  2025.04.07 Per Curiam Opinion Vacating Temporary Restraining Orders - Trump v. J.G.G.

  The U.S. Supreme Court issues a per curiam opinion vacating the Temporary Restraining Orders issued by the District Court for the District of Columbia in J.G.G. v. Trump. The Court held that "the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal" by seeking habeas relief in the "appropriate venue." The Court held that the appropriate venue for habeas relief is "the district of confinement." Trump v. J.G.G., 604 U.S. ___ (Apr. 7, 2025) (per curiam).

  *see litigation note above*

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• April 9, 2025

  2025.04.09 Temporary Restraining Order - J.A.V. v. Trump

  Judge Fernando Rodriguez, Jr. issues a Temporary Restraining Order in J.A.V. v. Trump, which temporarily blocks removals under the Alien Enemies Act from the El Valle Detention Center in Texas. The order cites the Supreme Court's recent decision in Trump v. J.G.G., finding that summary removal under the Act would not afford the plaintiffs the ability to seek the habeas relief to which they are entitled. The order applies to the three named plaintiffs in the Class Petition for Writ of Habeas Corpus and Class Complaint, and others at the facility. It also enjoins the government from transferring the detainees out of "Willacy County or Cameron County, Texas, without an Order from the Court." J.A.V. v. Trump, 1:25-cv-00072 (S.D. Tex.).

  **See litigation note above**

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• April 9, 2025

  2025.04.09 Reported: Trump administration prepares to send more deported migrants to notorious El Salvador prison - CNN

  CNN reports that "[t]he Trump administration is preparing to send more immigrants with criminal records to El Salvador's" CECOT prison facility after the Supreme Court's ruling in J.G.G. v. Trump.

  CNN also reports that "the Trump administration has even fielded a recent proposal from private security contractor Erik Prince to establish a US-run migrant detention facility in El Salvador, according to three sources familiar with the discussions . . . But the Supreme Court decision appears to have put Prince's proposal for another facility on hold because sending migrants to Cecil [sic] remains a possibility."

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• April 9, 2025

  2025.04.09 Temporary Restraining Order - G.F.F. v. Trump

  Judge Alvin K. Hellerstein issued a temporary restraining order in G.F.F. v. Trump, which temporarily blocks the removal of the petitioners, including the members of the certified class. The certified class encompasses all noncitizens in U.S. custody in the Southern District of New York under the Alien Enemies Act who have not been given notice and granted a hearing as required by the Supreme Court's decision in Trump v. J.G.G. The order also prevents members of the class from being transferred from the Southern District of New York. G.F.F. v. Trump, 1:25-cv-02886 (S.D.N.Y.).

  **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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• April 11, 2025

  2025.04.11 Amended Temporary Restraining Order - J.A.V. v. Trump

  Judge Fernando Rodriguez, Jr. issued an amended temporary restraining order, which supersedes the temporary restraining order from April 9. The new order broadens the previous ruling to enjoin the government from transferring, relocating, or removing any individual subject to removal under the Alien Enemies Act and who is detained within the Southern District of Texas. J.A.V. v. Trump, 1:25-cv-00072 (S.D. Tex.).

  **See litigation note above**

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• April 11, 2025

  2025.04.11 Amended Temporary Restraining Order - G.F.F. v. Trump

  Judge Alvin K. Hellerstein granted petitioners' motion to amend class certification to include noncitizens subject to the Presidential Proclamation who are in state or local custody, and correspondingly issued an amended temporary restraining order to also block removals of noncitizens in state or local custody in the Southern District of New York. G.F.F. v. Trump, 1:25-cv-02886 (S.D.N.Y.).

  **See litigation note above**

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• April 14, 2025

  2025.04.14 Temporary Restraining Order - D.B.U. v. Trump

  Judge Charlotte Sweeney issued a temporary restraining order enjoining the Trump administration from removing detained noncitizens within the state of Colorado who face removal charges under Proclamation 10903 and the Alien Enemies Act (AEA). D.B.U. v. Trump, No. 1:25-cv-01163 (D. Colo.).

  **See litigation note above**

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• April 16, 2025

  2025.04.16 Class Petition for Writ of Habeas Corpus and Complaint - A.A.R.P. v. Donald J. Trump

  Two "Venezuelan men in immigration custody at risk of imminent removal" under the Alien Enemies Act filed a class petition for writ of habeas corpus and complaint for declaratory and injunctive relief. Petitioner-Plaintiffs challenge the application of the Proclamation under habeas, per the Supreme Court's determination in J.G.G. v. Trump that habeas is the appropriate mechanism by which to seek relief. The complaint challenges the Proclamation as unlawful under: (1) the AEA, because Tren de Aragua is not a foreign government or nation involved in a military invasion of the US; (2) the INA's procedural protections for noncitizens subject to removal; and (3) the Fifth Amendment and the Suspension Clause, due to lack of notice and opportunity for judicial review. A.A.R.P. v. Trump, No. 1:25-cv-00059 (N.D. Tex.)

  *see litigation note above*

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• April 16, 2025

  2025.04.16 Memorandum Opinion re Probable Cause - JGG v. Trump

  Judge James E. Boasberg determined that the Government's actions on March 15th "demonstrate a willful disregard" for the court's temporary restraining order and are "sufficient for the Court to conclude that probable cause exists to find the Government in criminal contempt." The court reached this conclusion after providing the government "ample opportunity to rectify or explain [its] actions." It outlined that the Government could purge their contempt by "asserting custody of the individuals" who were removed in violation of the court's TRO. According to the court, the government would not need to release any of the individuals, or even transport them back to the US. If the government does not purge their contempt, the Court will identify the individuals whose “specific act or omission” caused the noncompliance and appoint a private prosecutor if the government will not prosecute. J.G.G v. Trump, No. 1:25-cv-00766 (D.D.C.).

  **See litigation note above**

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• April 16, 2025

  2025.04.16 Amended Petition for Habeas Corpus - Quintero Chacon v. Dickerson

  American Immigration Council, on behalf of Edicson David Quintero Chacón, filed an amended habeas corpus petition seeking his release from El Salvador's CECOT prison.

  Quintero, who is originally from Venezuela, turned himself into immigration officers when he arrived at the U.S. border in 2024. He was later detained by ICE during a routine check-in and held for eight months while a court determined his deportation status before he filed a habeas petition in February. The government did not respond to his petition and instead sent him to El Salvador. Quintero Chacón v. Dickerson, et al., No. 4:25-cv-50-CDL-AGH (M.D. Ga.).

  **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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• April 17, 2025

  2025.04.17 Preliminary Injunction - Viloria Aviles v. Trump

  Judge Gloria Navarro issued a preliminary injunction blocking Viloria Aviles’ deportation. According to the order, the government is no longer basing his deportation on the Alien Enemies Act. However, the court stated that the government “cannot explain why [Viloria Aviles] was transported to Texas, where the Government previously removed AEA deportees from, if his removal proceedings are not pursuant to the AEA.” Viloria Aviles v. Trump, No. 2:25-cv-00611 (D. Nev.).

  **See litigation note above**

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• April 22, 2025

  2025.04.22 Temporary Restraining Order - D.B.U. v. Trump

  U.S. District Judge Charlotte N. Sweeney issued a temporary restraining order ordering that petitioners and members of the provisionally certified class, which includes all noncitizens detained under the Act and the Proclamation in the District of Colorado, may not be transferred outside of the District of Colorado. Judge Sweeney also ordered the government to provide 21 day notice of their intent to remove individuals detained under the Act and Proclamation. This notice must also include notice of the right to seek judicial review and consult with an attorney, all in a language the individual understands. D.B.U. v. Trump, No. 1:25-cv-01163 (D. Colo.).

  *see litigation note above*

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• April 23, 2025

  2025.04.23 Declaration of Carlos Cisneros - J.A.V. v. Trump

  Carlos Cisneros, an Assistant Field Office Director for DHS, filed a declaration in support of the government's attempt to keep the notice procedure for the AEA under seal. In the declaration, at paragraph 12, Cisneros states: "In nearly every case in which an alien files a habeas petition based on detention related to the AEA, the alien also seeks a Temporary Restraining Order (TRO). The TRO request is typically adjudicated quickly, sometimes within hours of being filed. Although there may be fact-specific exceptional cases, in a general case, ICE will not remove under the AEA an alien who has filed a habeas petition while that petition is pending. However, ICE may reconsider that position in cases where a TRO has been denied and the habeas proceedings have not concluded within a reasonable time."

  This declaration seemingly contradicts the representation to SCOTUS by the Solicitor General that DHS will not remove people who have filed a habeas petition. J.A.V. v. Trump, 1:25-cv-00072 (S.D. Tex.).

  *see litigation note above*

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• April 23, 2025

  2025.04.23 Memorandum Opinion Granting Emergency Motion to Enforce Settlement Agreement - J.O.P. v. DHS

  U.S. District Judge Stephanie A. Gallagher grants Plaintiffs' Emergency Motion to Enforce the Settlement Agreement in J.O.P. v. U.S. Department of Homeland Security, prohibiting the government from removing members of the certified Class under the Alien Enemies Act prior to USCIS's adjudication of their asylum applications on the merits, and ordering the government to facilitate a Class member's return to the United States after his removal to El Salvador.

  The J.O.P. class includes specific unaccompanied children (UACs) seeking asylum who were impacted by a 2019 USCIS Memorandum that modified USCIS's process for determining whether the agency had jurisdiction over asylum applications filed by UACs. As part of the 2024 settlement, the government agreed not to remove Class members before adjudication of their asylum petitions on the merits by USCIS. A member of the Class was removed to El Salvador under the Alien Enemies Act in violation of the settlement, and Plaintiffs moved to enforce the agreement. J.O.P. v. U.S. Department of Homeland Security, 8:19-cv-01944, (D. Maryland)

  For more information about J.O.P. v. U.S. Department of Homeland Security and the policy that led to the settlement agreement, see ID #80.

  *see litigation note above*

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• April 25, 2025

  2025.04.25 Memorandum Opinion and Order - Puentes v. Garite

  Judge David Briones issued a Temporary Restraining Order in Puentes v. Garite which enjoins Respondents Angel Garite, Mary De-Anda-Ybarra, Todd Lyons, Kristi Noem, Pam Bondi, and any agency within the Executive Branch of the United States from removing any non-citizen detained in the Western District of Texas who "were, are, or will be subject to" Proclamation 10903.

  The order also grants Petitioners' petition for habeas corpus, orders their immediate release, and enjoins the U.S. government from further detaining or re-detaining Petitioners so long as their Temporary Protected Status remains valid under law. Sanchez Puentes et al v. Garite et al, Case No. 3:25-cv-00127-DB (W.D. Tex.).

  **See litigation note above**

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• April 25, 2025

  2025.04.25 Petitioner-Plaintiffs' Memo of Law in Support of Motion for PI - J.G.G. v. Trump

  Plaintiffs in J.G.G. v. Trump seek class certification of and a preliminary injunction and habeas relief for "[a]ll noncitizens who were, are, or will be subject to" Proclamation 10903. The plaintiffs request certification of two subclasses: one of those confined in CECOT and another of those confined in criminal custody in the United States. For the CECOT subclass, the petitioners "seek an Order requiring Respondents to immediately request and take all reasonable steps to facilitate the return of the subclass to the United States from Respondent's jailed in El Salvador," citing the Supreme Court's order in Noem v. Abrego Garcia. For the criminal custody subclass, the plaintiffs seek "a reasonable opportunity of no less than 30 days to challenge their designation, detention, and removal under the AEA," citing the Supreme Court's order in J.G.G.

  The petitioners argue that Judge Boasberg has jurisdiction notwithstanding the Supreme Court's prior order in J.G.G. because the United States has "constructive custody" over the CECOT subclass and habeas claims for those held abroad are proper in the D.C. District Court, citing the Supreme Court's holding in Rasul v. Bush that Guantanamo detainees could challenge their detention in D.C. District Court.

  On the merits, the petitioners argue that the Proclamation is outside the bounds of the AEA, the Proclamation violates the INA, and that detainment in CECOT constitutes a violation of the AEA, due process, and is criminal punishment in violation of the Fifth, Sixth, and Eighth Amendments. J.G.G v. Trump, No. 1:25-cv-00766 (D.D.C.).

  **See litigation note above**

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• May 1, 2025

  2025.05.01 J.A.V. v. Trump Final Order and Opinion

  The Court, in J.A.V. v. Trump, issued a final order concluding that all named plaintiffs and the class they represent are entitled to habeas relief. The Court also issued "a permanent injunction prohibiting Respondents from employing the Proclamation and the AEA against them."

  The Court noted, however, that this decision does "not affect Respondents’ ability to continue removal proceedings or enforcement of any final orders of removal issued against J.A.V., J.G.G., and W.G.H, or against any member of the certified class, under the Immigration and Nationality Act." J.A.V. v. Trump, 1:25-cv-00072 (S.D. Tex.).

  *see litigation note above*

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