Idaho college killings: Words ‘psychopath,’ ‘sociopath’ banned from Bryan Kohberger’s trial

Idaho college killings: Words ‘psychopath,’ ‘sociopath’ banned from Bryan Kohberger’s trial
Idaho college killings: Words ‘psychopath,’ ‘sociopath’ banned from Bryan Kohberger’s trial
Angela Palermo/Idaho Statesman/Tribune News Service via Getty Images

(MOSCOW, Idaho) — University of Idaho murders suspect Bryan Kohberger returned to court on Wednesday for a high-stakes hearing to decide what evidence will be allowed at his trial, which is set to begin in August.

The use of particular language has been a major point of contention in the ongoing hearing.

Judge Steven Hippler agreed to the defense’s request to ban the words “psychopath” and “sociopath” from the trial.

The defense asked that the phrases “touch DNA” and “contact DNA” be excluded, arguing that it is misleading and can be misunderstood by a jury.

Hippler said he was not inclined to “police phraseology” and noted the concern that if a “banned word” is accidentally used in the courtroom it could result in a mistrial. Hippler encouraged council to avoid the terms but said he will not “police experts in the field” and encouraged legal teams to not “underestimate the reasonableness and intelligence of jurors.”

Kohberger’s defense team also worked to ensure their client will have the opportunity for physical support from his family during the trial.

The judge asked the state to call Kohberger’s family members who are witnesses early in the trial so they can sit behind him in the courtroom after they testify.

“I think their ability to be here to see the trial is important,” Hippler said.

Kohberger is accused of fatally stabbing Ethan Chapin, Kaylee Goncalves, Madison Mogen and Xana Kernodle at the girls’ off-campus house in Moscow in the early hours of Nov. 13, 2022. Chapin, Kernodle’s boyfriend, was sleeping over at the time.

Kohberger, a criminology Ph.D. student at nearby Washington State University at the time of the murders, was arrested in December 2022. He’s charged with four counts of first-degree murder and one count of burglary, and a not guilty plea has been entered on his behalf.

The judge said Wednesday that he will allow a 3D model of the home at trial.

Many arguments have still yet to be ruled on by the judge.

One point of contention is a description of the intruder from one of the two roommates who survived the murders. The roommate said in the middle of the night she saw a man with “bushy eyebrows” walking past her in the house, according to court documents.

The defense wants that description banned during trial. The defense argues the roommate’s account lacks credibility, claiming that in interviews with police she admitted to drinking heavily throughout the day and that she had an “absolute lack of certainty.”

The defense is also pushing for the death penalty to be taken off the table if Kohberger is convicted, citing what they say is Kohberger’s autism spectrum disorder.

“When it comes to evidentiary hearings, the prosecution’s goal is trying to admit as much damning evidence as possible,” ABC News legal contributor Brian Buckmire said, while the defense tries “to limit how much evidence comes in that is detrimental to their case.”

The hearing is ongoing Wednesday and may continue on Thursday.

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Trump administration halts $1 billion for Cornell, $790 million for Northwestern, White House officials say

Trump administration halts  billion for Cornell, 0 million for Northwestern, White House officials say
Trump administration halts $1 billion for Cornell, $790 million for Northwestern, White House officials say
Chris Walker/Chicago Tribune via TNS via Getty Images, FILE

(WASHINGTON) — The Trump administration has frozen more than $1 billion in federal funding to Cornell and $790 million to Northwestern, as the government investigates alleged civil rights violations at the schools, according to two White House officials.

“On Monday, several Trump administration agencies froze roughly $790M of federal funding and roughly $1.05B of federal funding from Northwestern and Cornell, respectively,” a senior administration official told ABC News. “The money was frozen in connection with several ongoing, credible, and concerning Title VI investigations.”

The funding pause mostly involves grants from and contracts with the Department of Agriculture, Defense, Education and Health and Human Services, according to White House officials.

Northwestern said in a statement to ABC that it was informed by “members of the media” that the federal government plans to “freeze a significant portion of our federal funding. The University said it “has not received any official notification.”

“Federal funds that Northwestern receives drive innovative and life-saving research,” the University said. “This type of research is now at jeopardy. The University has fully cooperated with investigations by both the Department of Education and Congress.”

Cornell wrote in a statement they have received “more than 75 stop work orders from the Department of Defense related to research that is profoundly significant to American national defense, cybersecurity, and health.”

“We are actively seeking information from federal officials to learn more about the basis for these decisions,” Cornell said.

“The affected grants include research into new materials for jet engines, propulsion systems, large-scale information networks, robotics, superconductors, and space and satellite communications, as well as cancer research,” the school continued.

The New York Times first reported on the funding freeze.

Legal experts are questioning the authority of the Trump administration to pause the federal funding.

“This is completely lawless, as far as I can tell, to the extent that we don’t even know what legal provision the government is relying upon,” Genevieve Lakier, professor of law at the University of Chicago, said.

If the funding halt is justified under the Civil Rights Act, as White House officials have told ABC News, Lakier said the law requires there to be a set of procedures followed and notice given.

“There has to be a hearing. You have to give members of Congress 30 days before you do it. You have to give the school 30 days. You have to allow the right to appeal. None of this is being followed,” Lakier said.

Michael Dorf, professor at Cornell Law School, echoed Lakier’s assessment.

“There’s a federal statute that explains if agencies and the government believe a funding recipient is not complying with its civil rights obligations, there’s a whole set of procedures they have to follow before you cut those off,” Dorf said. “The government has followed none of those procedures.”

The move comes as the administration doubles down on allegations of antisemitic conduct and harassment from elite universities.

The Department of Education and other agencies are reviewing Harvard University for allegedly fostering antisemitism on its campus. The administration stripped Columbia University of $400 million in grants earlier this month after a task force investigation says it found inaction by the school to protect Jewish students.

In response to the review, Harvard President Alan Garber released a statement saying, “We fully embrace the important goal of combatting antisemitism, one of the most insidious forms of bigotry.”

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Harvey Weinstein appears in court days before new trial

Harvey Weinstein appears in court days before new trial
Harvey Weinstein appears in court days before new trial
Photo by Curtis Means-Pool/Getty Images

(NEW YORK) — Harvey Weinstein was back in court on Wednesday with less than a week before the start of his second New York sex assault trial. His trial is expected to last four to six weeks once testimony begins, prosecutors at the Manhattan district attorney’s office said Wednesday.

Jury selection begins Tuesday and is expected to last as long as five days, Judge Curtis Farber said.

Prospective jurors will be told about the nature of the case and the significant media attention it has received and must decide whether those things are an impediment to their ability to be fair and impartial, Farber said.

Weinstein, 73, sat at the defense table in a wheelchair as he has dealt with multiple health issues in the last year, including emergency heart surgery in September and being diagnosed with leukemia in October.

He has pleaded not guilty to charges of forcibly performing oral sex on a woman in 2006. He will also be retried for two other alleged sexual assaults after his conviction on those charges was overturned on appeal in April 2024.

The judge gave the attorneys 40 minutes to question each group of potential jurors after defense attorney Arthur Aidala asked for additional time.

“You have a shtick,” Farber deadpanned before granting the exuberant criminal defense lawyer an extra 10 minutes to question jurors.

Jurors will be told Weinstein has no obligation to testify in his own defense. If, however, he does, Farber decided there would be certain limits on the kinds of things he can be asked about his prior record.

Weinstein will stand trial on a new sexual assault charge at the same time he is retried on two other sexual assault charges after his earlier conviction was overturned.

In 2020, he was found guilty of criminal sexual assault and third-degree rape, receiving 23 years in prison.

His conviction was overturned after the appeals court found the judge in his first trial “erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes.”

Because Weinstein was also convicted in California on sex crimes, and sentenced to 16 years in prison, he was not released after the verdict was overturned.

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House GOP moves to prevent votes on rescinding Trump tariffs

House GOP moves to prevent votes on rescinding Trump tariffs
House GOP moves to prevent votes on rescinding Trump tariffs
Andrew Harnik/Getty Images

(WASHINGTON) — House Republicans are exhausting all legislative tools to prevent future votes on repealing President Donald Trump’s tariffs — doubling down on their support for the administration’s policies.

GOP leaders on Wednesday inserted language into the “rule” for the budget blueprint that would prohibit the House, until at least September, from forcing a vote on legislation to rescind Trump’s national emergencies authority.

“The rule provides that each day during the period from April 9, 2025, through September 30, 2025, shall not constitute a calendar day for purposes of section 202 of the National Emergencies Act (50 U.S.C. 1622) with respect to a joint resolution terminating a national emergency declared by the President on April 2, 2025,” the rule states.

House Speaker Mike Johnson, R-La., defended the move, telling reporters, “I’ve made it very clear I think the president has executive authority. It’s an appropriate level of authority to deal with the unfair trade practices. That’s part of the role of the president is to negotiate with other countries.”

Johnson said Trump told him Tuesday night that “there are almost 70 countries that are [in] some stage in negotiation of more fair-trade agreement agreements with the United States. I think that is in the interest of the American people. I think that is an ‘America First’ policy that will be effective, and so we have to give them the space to do it.”

House Democrats, led by Rep. Gregory Meeks, D-N.Y., moved to force a vote on Tuesday on terminating the national emergency authority and blocking Trump’s sweeping tariffs. Now, that vote is unlikely to occur.

This is the second time Johnson has moved to stop the legislative calendar to prevent votes on Trump’s authority on tariffs. Under House rules, these votes would typically come up within 15 calendar days but now will not if the “rule” passes during the vote series Wednesday afternoon.

“I think you’ve got to give him the space,” Johnson argued on Trump’s tariffs. “It is having the desired effect right now. You see a number of nations going forward and proposing much more free trade agreements with the United States. The American people deserve that.”
 

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US stocks surge as Trump announces 90-day pause on some tariffs

US stocks surge as Trump announces 90-day pause on some tariffs
US stocks surge as Trump announces 90-day pause on some tariffs
CFOTO/Future Publishing via Getty Images

(NEW YORK) — U.S. stocks surged on Wednesday after President Donald Trump announced a 90-day pause in some tariffs.

The Dow Jones Industrial Average climbed 2,370 points, or 6.3%, while the S&P 500 soared 7.4%. The tech-heavy Nasdaq jumped 9.6%.

President Donald Trump’s latest batch of levies on China increased the cumulative rate of tariffs on Chinese goods to 104% — a move met with retaliatory tariffs in Beijing that raised tariffs on U.S. goods to 84%.

European Union countries on Wednesday backed the European Commission’s proposal to push back on Trump’s tariffs on steel and aluminum with a set of countermeasures.

The latest U.S. tariffs came into force with key Asian markets already open. In Japan, the Nikkei index dropped more than 5% in response, while the broader TOPIX index slipped 4.6%. The Nikkei closed down 3.93% and the TOPIX down 3.4%.

Stocks in Taiwan fell more than 5.7%, Singapore’s STI index slipped 2.4%, South Korea’s KOSPI index lost 1.8%, Australia’s S&P/ASX 200 lost 1.8% and India’s NIFTY 50 dropped 0.4%.

In China, Hong Kong’s Hang Sen index slipped 0.4%. Shanghai’s SSE Shanghai Composite Index — which has fewer international investors and is buoyed by the state-owned investors known as the “National Team” — posted gains of 1.1% despite the new tariffs. Shenzhen’s SE Composite rose 2.2%.

In Europe, key indices dropped on opening.

The British FTSE 100 dropped by 2.2%, Germany’s Dax index dropped 2.3%, France’s CAC 40 fell by 2.4% and Spain’s Ibex index was down 2%. The pan-European STOXX index was down 2.6%.

United States stocks closed lower on Tuesday, marking a major reversal from a rally that sent the S&P 500 and Nasdaq up more than 4% earlier in the day.

The Dow Jones Industrial Average closed down 320 points, or 0.8%, while the Nasdaq dropped 2.1%.

The S&P 500 fell 1.5%, putting the index on the brink of a bear market, a term that indicates a 20% drop from a previous peak.

The move lower on Tuesday resumed a selloff that stretches back to Trump’s tariff announcement last week. Since then, the S&P 500 and Nasdaq have each fallen more than 12%.

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3 children, 2 dogs rescued from storm drainage system in Colorado, officials say

3 children, 2 dogs rescued from storm drainage system in Colorado, officials say
3 children, 2 dogs rescued from storm drainage system in Colorado, officials say
Security Fire Department

(SECURITY-WIDEFIELD, Colo.) — Three children and two dogs were rescued from a storm drainage system in Colorado, according to fire officials.

Officials responded to a neighborhood in Security-Widefield, Colorado, searching for “three children and two dogs lost in the maze of the underground storm drainage system” over the weekend, the Security Fire Department said in a statement on Monday.

After an “extensive search,” the children and the dogs were located and were extracted through a manhole in the street “more than a half-mile from where they had entered,” officials said.

“Kids may think it would be fun to explore storm drains looking for those ninja turtles, but it can be very dangerous and even deadly,” the fire department said.

Even though the children and canines were safely removed, officials emphasized the dangers of being in a storm drainage system.

“Getting lost underground, hypothermia, rapid weather change flooding in drainage system (drowning risk), oxygen deficiency, toxic gases (such as hydrogen sulfide, carbon monoxide) and of course critters like rattlesnakes,” the fire department said.

The fire department encouraged parents to talk to their children about “the dangers of playing in and around” storm drains.

Officials were not clear why the children and the dogs were exploring the storm drains or how long they were lost.

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Uncertainty looms over US housing market in wake of Trump tariffs

Uncertainty looms over US housing market in wake of Trump tariffs
Uncertainty looms over US housing market in wake of Trump tariffs
ABC News

(RALEIGH, N.C.) — In the Research Triangle area in and around Raleigh, North Carolina, home sales and construction development are booming as thousands flock to the area in search of affordable homes close to work.

However, the severe tariffs President Donald Trump put on virtually all U.S. trading partners have created uncertainty within the U.S. housing market.

Leonard Windham, a Raleigh area realtor, gave ABC News a tour of a new housing development in Youngsville — an up-and-coming town just 20 miles north of Raleigh.

“In the real estate industry, we’re just not sure what’s going to happen,” Windam said. “If there’s a possibility, of course, as the price of construction material goes up, it could affect the home price.”

Realtors and homebuilders told ABC News they are moving forward with their spring housing market goals despite not knowing how the new tariffs could impact costs.

Tariffs may change home construction as we know it, as rising costs could potentially encourage construction companies and developers to invest in American manufacturing.

Alex Yost, vice president of the North Carolina Home Builders Association, told ABC News he is rethinking where to source materials when building new homes.

“We’re going to be looking at pricing. We’re going to be making sure that our clients get the value that they want and need,” he said. “And so, to the extent that Chinese light fixtures end up costing more, then that’s certainly going to factor into the decisions that we make, absolutely.”

Yost noted that his primary concern is if and how tariffs will affect their building material supply chain, but he’s also worried about consumer confidence.

“Last week’s news about the market is probably going to cause some buyer confidence gaps, and so we are concerned,” he said. “Mostly, what we’re concerned about is that buyers feel good about making the acquisition of a new home, and we build luxury homes, but the entire marketplace is built on people buying the most expensive thing they ever bought. They’ve got to feel good going into it.”

Homebuilders breathed a collective sigh of relief after Trump exempted major construction materials like Canadian lumber and Mexican gypsum from retaliatory tariffs. However, costs will rise for imported steel, aluminum, copper, home appliances and other building materials sourced abroad.

Builder confidence in newly built single-family homes is at the lowest level it’s been in seven months, according to the National Association of Home Builders (NAHB).

Home costs are expected to rise another $9,200, the group said. It estimated that about 7% of products used in new construction projects come from other countries — that amount can fluctuate depending on which products a home buyer wants and how much they are willing to spend.

Some prospective homebuyers told ABC News they are not worried about tariffs impacting their ability to buy a home, simply because they haven’t seen home prices shoot up as a result.

“Personally, no because I don’t have a whole lot of experience of what that is going to mean for me as a homeowner,” Deishali DeWitt, a 33-year-old first-time home buyer, said.

DeWitt, who has been looking for a year, told ABC News that prices were “ridiculous” before the tariffs.

“The past or two years ago, I remember looking…houses were about half the price that they are right now,” she said. “So that’s been part of why it’s taken me some time. Like, do I really want to pay for a house that’s $600k right now? That was worth $250k just two years ago?”

Windham — the Raleigh area realtor — said first-time home buyers care most about one thing: cost per month. That cost has been pushing homebuyers farther out from major cities, to more affordable areas with new development.

“They’re looking at monthly payment, and they have a set number in mind,” Windham said.

If buyers pull back amid economic uncertainty and there’s less demand for homes, residential construction could also slow down and potentially exacerbate the country’s housing shortage.

“When we start to see tariffs come into play, what then happens to an interrupted supply chain or is there an interrupted chain that causes it to take a couple weeks longer to get cabinets?” Yost said. “That can extend my build time. Then the client may not be in their home for a couple extra months. All those things have real human impact.”

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DHS to screen social media of visa applicants for ‘antisemitic activity’

DHS to screen social media of visa applicants for ‘antisemitic activity’
DHS to screen social media of visa applicants for ‘antisemitic activity’
Salwan Georges/The Washington Post via Getty Images

(WASHINGTON) — The Department of Homeland Security will begin screening visa applicants’ social media content for “antisemitic activity,” it announced on Wednesday.

“There is no room in the United States for the rest of the world’s terrorist sympathizers, and we are under no obligation to admit them or let them stay here,” Assistant Homeland Security Secretary for Public Affairs Tricia McLaughlin said. “Secretary [Kristi] Noem has made it clear that anyone who thinks they can come to America and hide behind the First Amendment to advocate for antisemitic violence and terrorism — think again. You are not welcome here.”

The directive from the department allows for U.S. Citizenship and Immigration Service to begin “considering” any antisemitic activity “immediately” when screening those applying for lawful permanent resident status, as well as foreign students and those affiliated with educational institutions linked to antisemitic activity.

USCIS will consider “social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests,” according to a release from the agency.

Similar guidance was issued by the State Department in March.

A cable sent to consulates around the world called for a review of social media for foreign students and student exchange visitors and has directed visa denials if their applications for visas are inconsistent with their visa classifications.

“If the social media review uncovers potentially derogatory information indicating that the applicant may not be eligible for a visa, Fraud Prevention Units are required take screenshots of social media findings to the extent it is relevant to visa eligibility, to preserve the record against the applicants later alteration of the information,” per the cable, which was obtained by ABC News last month.

Secretary of State Marco Rubio said on March 28 that more than 300 visas had already been revoked under the criteria.

The cable also encouraged revocations based on perceived “hostile attitudes” toward U.S. culture or values and raised questions about whether this blurs the line between national security vetting and viewpoint discrimination.

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Billionaire Trump backer Bill Ackman issues dire warning over tariffs

Billionaire Trump backer Bill Ackman issues dire warning over tariffs
Billionaire Trump backer Bill Ackman issues dire warning over tariffs
Jared Siskin/Patrick McMullan via Getty Images

(NEW YORK) — Hedge fund honcho Bill Ackman has joined a growing list of President Donald Trump’s billionaire backers calling for the White House to slam the brakes on tariffs.

As the Trump administration’s reciprocal tariffs went into effect Wednesday, triggering retaliatory reactions from China and the European Union, Ackman took to social media, asking Trump to put a 90-day pause on tariffs, arguing the president can “accomplish his objectives without destroying small businesses in the short term.”

In the lengthy post on X, Ackman, founder of Pershing Square Capital Management, issued a dire warning of what could happen if the tariffs aren’t halted immediately.

“If the president doesn’t pause the effect of the tariffs soon, many small businesses will go bankrupt,” Ackman wrote. “Medium-sized businesses will be next.”

Ackman is joining other billionaires, including some like him who supported Trump’s campaign for reelection, in turning a cold shoulder to the escalating tariff war. Trump claims the tariffs are necessary for leveling the playing field for the United States importers, saying, “foreign trade and economic practices have created a national emergency.”

Other billionaire moguls — including investor and philanthropist Stanley Druckenmiller, Citdel owner Kenneth Griffin and even Tesla CEO Elon Musk, a senior adviser to the president — have spoken out against Trump’s tariffs after supporting the president’s re-election campaign.

Speaking at an event in Miami on Monday night, Griffin called Trump’s tariffs a “huge policy mistake,” according to The Wall Street Journal. In a rare social media post on Sunday, Druckenmiller wrote, “I do not support tariffs exceeding 10%.”

Musk has publicly blasted Trump’s senior trade adviser Peter Navarro, one of the architects of Trump’s tariff policy, calling him “truly a moron” and “dumber than a sack of bricks” after Navaro described him as a “car assembler.” In a live stream speech to Italy’s League Congress Conference in Florence, Italy, on Saturday, Musk expressed hope for the U.S. and Europe to create “a very close, stronger partnership” and reach a “zero-tariff” policy soon.

A 10% tariff on all U.S. trading partners went into effect on Saturday. Additional reciprocal tariffs against 60 countries that place duties on U.S. imports went into effect at 12:01 a.m. ET on Wednesday.

Some countries have retaliated by imposing tariffs on American goods. Trump increased the tariffs on China to 104% and threatened an additional 50% if China didn’t back down from imposing a 34% tariff on U.S. goods. China responded Wednesday by jacking up tariffs on U.S. products to 84%.

The European Union also voted Wednesday to impose a retaliatory 25% tariffs on certain U.S. goods.

Ackman spoke out against tariffs, saying he is “receiving an increasing number of emails and texts from small business people I do business or have invested in, expressing fear that they will not be able to pass on their increased costs to their customers and will suffer severely negative consequences.”

In his post Wednesday, Ackman shared an email from the founder of a cold brew coffee business he said he received before China’s announced retaliatory tariffs. The cold brew coffee founder said his cost for glass bottles sourced from China will go up 50%, while chai sourced from India will increase by 26% and coffee imported from Ethiopia, Peru and Canada will climb by 10%.

“Will my clients tolerate a near doubling of their contract costs overnight, or will they expect me to absorb the increases my vendors are already threatening?” the business owner wrote in the email to Ackman. “If clients resist price hikes and my employees demand higher wages to offset their rising cost of living, we end up in a lose-lose scenario — no spending and no jobs.”

Ackman ended his post by writing, “May cooler heads prevail.”

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Federal judges block deportation of several alleged migrant gang members under AEA

Federal judges block deportation of several alleged migrant gang members under AEA
Federal judges block deportation of several alleged migrant gang members under AEA
Terrorism Confinement Center (CECOT) in Tecoluca, in San Vicente, El Salvador/ Alex Pena/Anadolu via Getty Images

(NEW YORK) — A federal judge in New York and another federal judge in Texas on Wednesday temporarily blocked the deportation of several purported Venezuelan gang members under the Alien Enemies Act.

U.S. District Judge Alvin Hellerstein ruled that migrants being held in the Southern District of New York could not be deported without them first receiving notice and an opportunity for a hearing.

Hellerstein suggested his decision was meant to define the parameters set by Monday’s U.S. Supreme Court opinion that allowed the Trump administration to remove Tren de Aragua gang members under the Alien Enemies Act — but not without due process.

“Given the history, it seems to me people need to be protected,” Hellerstein said.

The Trump administration last month invoked the Alien Enemies Act to deport more than 200 alleged migrant gang members to El Salvador by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.

U.S. District Judge Fernando Rodriguez Jr. issued a temporary restraining order barring the Trump administration from removing three men in Texas and “any other person that Respondents claim are subject to removal under the Proclamation” from the El Valle Detention Center there.

“In the present matter, the Court finds that the removal of J.A.V, J.G.G., W.G.H., or any other individual subject to the Proclamation, by the United States would cause immediate and irreparable injury to the removed individuals, as they would be unable to seek habeas relief,” Judge Rodriguez wrote, noting the ” substantial likelihood exists that the individual could not be returned to the United States” if they are deported.

Judge Rodriguez, a Trump appointee, set a hearing for Friday to consider extending his order, which expires on April 23.

Judge Hellerstein’s ruling came in the case of two plaintiffs identified by their initials, G.F.F. and J.G.O, who were pulled off planes to El Salvador and transferred back to New York from Texas, where they were initially detained on suspicion of alignment with Tren de Aragua.

Hellerstein, a Clinton appointee, said the men were entitled to a hearing to determine whether they are actual gang members, but he stopped short of deciding whether the Alien Enemies Act was the appropriate authority to deport them.

“Whether or not you’re a gang member, the Alien Enemies Act cannot be used under these circumstances,” argued Lee Gelernt of the American Civil Liberties Union. “It is a military authority. It is not supposed to be used in peace time against a gang.”

The relief Hellerstein granted is limited to approximately a dozen accused gang members currently detained in a several New York counties. The judge set a hearing for April 22.

ACLU lawyers representing the two migrants had argued that authorities “seek to move Petitioners in secret, without due process, to a prison in El Salvador known for dire conditions, torture, and other forms of physical abuse — possibly for life.”

“This has already borne out for over 130 individuals on March 15 who have lost all contact with their attorneys, family, and the world,” the attorneys wrote in a filing.

According to lawyers with the ACLU, one of the men is a 21-year-old Venezuelan national who entered the United States in 2024 to seek asylum, fleeing threats from Tren de Aragua and potential persecution from the Maduro regime based on his sexual orientation.

The other plaintiff is a 32-year-old Venezuelan national who filed an asylum application after entering the United States in 2022, claiming he feared torture and imprisonment based on his protests of the Maduro regime.

The ACLU argued that the Alien Enemies Act was improperly invoked by the Trump to target a criminal organization — not a state actor — and that it was invoked outside of a war or an invasion.

“The AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions: it cannot be used here against nationals of a country — Venezuela — with whom the United States is not at war, which is not invading the United States, and which has not launched a predatory incursion into the United States,” the lawyers argued.

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