Venezuelan couple held by ICE in El Paso must be immediately released, federal judge rules
The federal government must immediately release a Venezuelan couple detained in El Paso for nine days, a federal judge ruled Friday, saying the government had failed to prove they are alien enemies or members of the Tren de Aragua gang.
U.S. District Judge David Briones of El Paso said the government “has not demonstrated they have any lawful basis to continue detaining” the couple who have been held at El Paso Immigration and Customs Enforcement detention center as “enemy aliens” since April 16.
Briones also barred the government from removing any other people it is holding as enemy aliens in the Western District of Texas, which stretches from El Paso to San Antonio.
He said anyone facing that designation must be given 21 days written notice of their right to judicial review of an attempt to remove them, and the notice must be in a language they can understand.
An order for release, known as a writ of habeas corpus, would usually bring swift compliance. But the Trump administration has repeatedly resisted judicial orders related to immigration enforcement powers, so it’s not immediately clear when or if the couple will be released.
ICE did not immediately respond to a request for comment from El Paso Matters.
The order forbids the government from detaining or re-detaining the couple on the basis of an alien enemy claim.
Cesar, 27, and his wife, Norelia, 34, fled Venezuela in 2022 and were paroled into the United States. They have been living and working in the Washington, D.C., area, and have been detained by ICE multiple times this year, despite repeated court rulings against the government.
Friday afternoon, Cesar and Norelia were at the federal courthouse in Downtown El Paso regarding an unlawful entry charge that a magistrate has scheduled for a hearing in June, said Chris Benoit, one of their attorneys.
“If the rule of law means anything, when the judge orders an agency of the federal government to release somebody immediately, that is what they are supposed to do, and that is what we expect. The judge was unequivocal using the term immediately. We expect them to be released without any delay,” Benoit said.
The couple came to the United States after crossing into El Paso in October 2022 with their three children, turning themselves into U.S. Border Patrol agents at the border wall. They were paroled into the country and remain under protected temporary status. They both have applied for asylum.
El Paso Matters is not using the couple’s full names as they fear for their safety if they’re deported to Venezuela.
ICE officials have repeatedly referred to them as leaders or senior members of the Venezuelan Tren de Aragua gang, but judges have repeatedly said the government has produced no evidence to support the allegation. ICE accounts on the social media site X have repeatedly labeled the couple as Tren de Aragua gang members, even after Briones said in court the government hadn’t presented evidence to back up the claim.
“They have gone through four different judges, none of whom thought they should be detained. They have deep ties to their community in the United States. They have three minor children. They’ve been living peacefully in our country since 2022,” Benoit said.
“The court ruling made clear they should not have been designated alien enemies. The consequences of that are drastic because if they were successful, César wouldn’t be facing a life sentence in a brutal El Salvadoran prison. We don’t know where Norelia would be, but we believe it would be in fairly similar circumstances,” he said.
The Trump administration has attempted to use an 18th century law against alleged Tren de Aragua members – including the couple – to have them declared enemy aliens and deported without due process.
Court records show that while detained in El Paso, Cesar and Norelia were presented with a document in English – language they don’t read – informing them they were “alien enemies,” a designation the Trump administration has used to rapidly deport people, including to a notorious prison in El Salvador.
Deportations under the Alien Enemies Act of 1798 remain blocked by a federal judge – one of many ongoing legal challenges in recent weeks over the administration’s immigration enforcement policies.
Briones — who was appointed to the federal bench in 1994 by President Bill Clinton — said he was not ruling on whether the Trump administration was properly using the law, but said that “should not be construed as tacit agreement” with the administration’s actions.
Cesar and Norelia were arrested April 16 at El Paso International Airport while they prepared to return to Washington. They had come to El Paso two days earlier to answer a misdemeanor charge that they had entered the country without authorization in 2022. The warrant was issued earlier this year.
A federal magistrate in El Paso ruled April 14 that they could remain free on bail and set a court date in June. ICE apprehended them two days later as they tried to return home, and they have been detained in El Paso since.
Briones abruptly cut short a hearing
Wednesday, ruling the government had provided no grounds for detaining
the couple. He promised a formal order by Friday ordering their release
from ICE’s El Paso Service Processing Center.
Disclosure:
Attorney Chris Benoit has previously represented El Paso Matters CEO
Robert Moore in a Freedom of Information Act lawsuit against Immigration
and Customs Enforcement.
This is a developing story and will be updated.
4:30 p.m. Friday, April 25: This story has been updated with comments from the attorney for the Venezuelan couple.