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.
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 arrested.
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.
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. 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 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.
This is a developing story and will be updated.
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