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Federal Judge Strikes Down Trump’s Use of Alien Enemies Act to Deport Venezuelans

The New York Times's profile
The New York Times
3h ago

A federal judge in Texas, Fernando Rodriguez Jr., ruled against the Trump administration's use of the Alien Enemies Act to deport Venezuelans, stating it was improperly applied. The Alien Enemies Act, a wartime law from 1798, was deemed by the judge to be misused as it should only apply to members of hostile nations during wartime, not to Venezuelan immigrants labeled as criminals. Judge Rodriguez's decision only affects the Southern District of Texas but could influence similar cases nationwide. He rejected the administration's claim that the presence of the Tren de Aragua gang constituted an 'invasion,' as such terms typically describe military actions, which this scenario did not fit. The American Civil Liberties Union has filed several lawsuits against the use of the law, and while the ruling halts deportations in Texas, it does not address the return of deported Venezuelans currently in El Salvador.

Federal Judge Strikes Down Trump’s Use of Alien Enemies Act to Deport Venezuelans

Judge Fernando Rodriguez Jr. permanently blocked the Trump administration from using the Alien Enemies Act to deport Venezuelans from the Southern District of Texas, ruling the application of the law illegal for this purpose.

The Alien Enemies Act, enacted in 1798, is intended for use against hostile foreign nations during declared wars or military invasions, not for modern immigration enforcement as the Trump administration attempted.

Rodriguez's ruling specifically criticized the administration's definition of an 'invasion,' noting that the presence of the Tren de Aragua gang did not meet the military force criteria necessary under the act.

The decision is limited to the Southern District of Texas but may have broader implications for similar legal challenges across the United States, as other federal judges have also temporarily halted deportations under this act.

The American Civil Liberties Union (ACLU) has been active in challenging the deportation orders, filing lawsuits in multiple states and working to have the deported Venezuelans returned to the U.S. for due process.

Despite the ruling, approximately 140 Venezuelans remain detained in El Salvador, having been deported before the legal interventions could take effect, and efforts are ongoing to secure their return.

Judge Rodriguez's ruling does not address the veracity of claims made by the Trump administration about the Venezuelan government controlling the Tren de Aragua, a point of contention with U.S. intelligence agencies.

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