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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
12h ago

A federal judge in Texas has ruled against the Trump administration's use of the Alien Enemies Act to deport Venezuelans, stating the law was misapplied as the situation does not constitute an 'invasion' as defined by the statute. Judge Fernando Rodriguez Jr. emphasized that the act, historically used during major wars, cannot be invoked based on claims about the Venezuelan gang Tren de Aragua. The judgment, limited to the Southern District of Texas, may influence other cases challenging the deportation strategy. The American Civil Liberties Union (ACLU) has successfully halted similar deportations in other states, but nearly 140 Venezuelans already deported to El Salvador remain in detention. The administration's arguments that the judiciary lacks authority over foreign policy decisions were rebuffed, though the judge did not assess the veracity of the administration's claims about the gang's government ties.

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

Judge Fernando Rodriguez Jr.'s ruling prohibits the use of the Alien Enemies Act to deport Venezuelans from the Southern District of Texas, arguing the law was improperly applied as it is meant for wartime scenarios involving military invasions.

The judgment challenges the Trump administration's assertion that the presence of the Tren de Aragua gang constitutes a 'predatory incursion', a term traditionally associated with military actions, not gang activity.

The ACLU has initiated multiple lawsuits across several states, leading to provisional orders that block the deportation of Venezuelans accused of gang affiliation under this act.

While the ruling is specific to the Southern District of Texas, it sets a precedent that may impact other legal challenges against the administration's deportation policies based on similar grounds.

Despite the ruling, around 140 Venezuelans deported to El Salvador remain in custody, and efforts to have them returned to the U.S. for due process have been met with resistance from the Justice Department.

The court's decision rebukes the Justice Department's stance that judges have no jurisdiction over presidential decisions on foreign policy, affirming the judiciary's role in interpreting the application of the Alien Enemies Act.

Judge Rodriguez, while rejecting the administration's interpretation of 'invasion', did not dispute the political branches' assessments of the gang's affiliations, yet ruled that such claims do not meet the legal definitions required to invoke the act.

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