A federal judge in Texas has blocked the Trump administration from using the Alien Enemies Act to deport Venezuelans from the southern district of Texas. U.S. District Judge Fernando Rodriguez Jr. ruled that President Donald Trump‘s invocation of the 18th-century law was “unlawful” and exceeded its intended scope. The Alien Enemies Act, historically used during wartime, allows the president to deport noncitizens with minimal due process during an invasion or predatory incursion.
Judge Rodriguez, appointed by President Trump in 2018, stated that the administration’s claim of the Venezuelan gang Tren de Aragua invading the U.S. did not meet the criteria of an “invasion” as required by the Act. The judge emphasized that the proclamation did not suggest an organized, armed group entering the U.S. under Venezuela’s direction to conquer or control part of the nation. According to ABC News, the ruling marks the first time a federal judge has declared President Trump’s use of the Act unlawful.
The decision has significant implications as it issues a permanent injunction against using the Alien Enemies Act for deportations. The administration may appeal the ruling to the 5th U.S. Circuit Court of Appeals, known for its conservative leanings. The case is part of a broader legal battle over the administration’s use of presidential power in immigration matters.
The administration’s efforts to deport alleged gang members to a prison in El Salvador had sparked a flurry of litigation, with courts previously issuing temporary holds on removals.
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