McALLEN, Texas — Judges in Texas and New York on Wednesday said they would temporarily bar the U.S. government from deporting Venezuelans jailed in parts of those two states while their lawyers challenge the Trump administration’s use of a rarely-invoked law letting presidents imprison and deport noncitizens in times of war.

The judges took actions after civil rights lawyers sought to protect five men identified by the government as belonging to the Tren de Aragua gang, a claim their lawyers dispute. But the judges said some others in their judicial districts similarly situated would also be protected from deportations relying on the Alien Enemies Act.

The judicial moves were the first to occur after the U.S. Supreme Court on Monday ruled the administration can resume deportations, but deportees must be afforded some due process before they are flown away, including reasonable time to argue to a judge that they should not be deported.

The rulings did not address the constitutionality of the act. The American Civil Liberties Union is asking the judge in Texas to decide on whether it is lawful to use the Alien Enemies Act.

The United States is not at war with Venezuela, but President Donald Trump’s administration has argued the U.S. is being invaded by members of the Tren de Aragua gang.

U.S. immigration authorities already have deported more than 100 people and sent them to a notorious prison in El Salvador without letting them challenge their removals in court.

Civil liberties lawyers brought lawsuits on behalf of three men detained in a facility in Texas and two held in an Orange County, New York, facility.

Judge Fernando Rodriguez Jr. signed a temporary restraining order in Texas while Judge Alvin K. Hellerstein said at a New York hearing that he planned to sign a temporary order Wednesday to block removals while court challenges proceed.

In Texas, Judge Rodriguez said anyone similarly situated at the El Valle Detention Center will be protected. In New York, Judge Hellerstein said his order will protect Venezuelans in the Southern District of New York, which includes the New York City boroughs of Manhattan and the Bronx, along with Dutchess, Orange, Putnam, Rockland, Sullivan and Westchester counties.

In Texas, the three plaintiffs include a man who is HIV positive and fears lacking access to medical care if deported.

The men were identified as gang members by physical attributes using the “Alien Enemy Validation Guide,” in which an ICE agent tallies points by relying on tattoos, hand gestures, symbols, logos, graffiti, and manner of dress, according to the ACLU. Experts who study the gang have told the ACLU the method is not reliable.