Another ‘Abrego Garcia’ and Growing Trump Losses in Alien Enemies Act Cases

Here's a Table that illuminates the striking similarities between Abrego Garcia's and Lozano-Camargo's cases

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A. Another ‘Abrego Garcia’

On Monday afternoon, I published a short explainer on my YouTube channel discussing a “sleeper” case that is very similar to Kilmar Abrego Garcia’s situation. That evening, Politico’s Josh Gerstein identified the name of the second detainee - Daniel Lozano-Camargo - and reported on his case in rich detail.

I thought to supplement my explainer and the Politico piece with the Table below to illuminate the striking similarities.

I will always endeavor to keep you in the know with links to resources. Here are key documents related to the Table above:

Abrego Garcia v. Noem
Case summary and materials
2019 immigration judge decision

J.O.P. v. DHS
Case summary and materials
2024 Settlement Agreement

B. A Pattern Emerges: Courts blocking the Trump administration’s abuse of Alien Enemies Act

A consistent pattern is emerging:

Judge Charlotte Sweeney (Biden appointee) on May 6:

“Respondents’ arguments are threadbare costumes for their core contention: ‘As for whether the Act’s preconditions are satisfied, that is the President’s call alone; the federal courts do not have a role to play.’ This sentence staggers. It is wrong as a matter of law and attempts to read an entire provision out of the Constitution.”

Judge Alvin Hellerstein (Clinton appointee) on May 6:

"There is nothing in the [Alien Enemies Act] that justifies a finding that refugees migrating from Venezuela, or TdA gangsters who infiltrate the migrants, are engaged in an 'invasion' or 'predatory incursion.'”

Judge Fernando Rodriguez (Trump appointee) on May 1:

The administration’s invocation of Alien Enemies Act is "contrary to the plain, ordinary meaning of the statute's terms.”

Judge Stephanie Gallagher (Trump appointee) on April 23:

The Department of Justice provided “no evidence” plaintiff is a threat per AEA classification.

Judge Karen Henderson (Reagan and GW Bush appointee concurring with Judge Patricia Millett, an Obama appointee) on March 26:

“Invasion is a military affair, not one of migration”

C. Snapshot of recent litigation

Here’s a snapshot of recent court decisions from a Substack Note I posted earlier today:

Those case updates are all thanks to the great team I work with at Just Security on our Litigation Tracker.

Thanks again for joining the conversation. If you appreciate this work, please also subscribe to the YouTube channel, forward this newsletter to others who might find it useful, and feel free to send along any questions, comments or other feedback.

Stay in the know,
Ryan