A federal judge issued a significant ruling on Thursday, preventing the Trump administration from deporting Venezuelans from South Texas by invoking an 18th-century wartime statute, deeming the tactic “unlawful.” U.S. District Court Judge Fernando Rodriguez Jr. became the first to determine that the Alien Enemies Act is inapplicable against individuals the administration accused of being gang affiliates infiltrating the U.S.
The judge clarified that although the government retains its right to deport individuals unlawfully residing in the country through other legal channels, it cannot employ the 227-year-old statute for such purposes. Judge Rodriguez, appointed by President Trump in 2018, wrote, “Neither the Court nor the parties question that the Executive Branch can direct the detention and removal of aliens who engage in criminal activity in the United States.” Yet, he emphasized that the “President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms.”
The controversy escalated in March when President Trump claimed the Venezuelan gang, Tren de Aragua, was invading the United States, asserting he had special powers to bypass court protocols to deport those his administration branded as gang members. Rodriguez remarked, “The Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful.”
In response, Vice President JD Vance expressed on Fox News their intent to “aggressively appeal” the ruling that challenges the president’s deportation authority. “The judge doesn’t make that determination,” Vance contended. “I think the president of the United States is the one who determines whether this country is being invaded.”
Rep. Adriano Espaillat, D-N.Y., chair of the Congressional Hispanic Caucus, declared the court ruling as a confirmation that “the Trump administration illegally used the Alien Enemies Act to deport people without due process.” Historically, the Alien Enemies Act has been enacted only three times, most notably during World War II to intern Japanese-Americans.
The judge’s decision is pivotal as the first permanent injunction against the administration utilizing the AEA, critiquing the president for misapplying the law. Lee Gelernt, the ACLU lawyer leading the case, agreed with the ruling, stating, “Congress never meant for this law to be used in this manner.” Rodriquez’s ruling pointed out that the statute has historically only been activated during the two World Wars and the War of 1812.
While the Trump administration accused Tren de Aragua of acting under Venezuelan government’s directive, the judge concluded that their claimed actions weren’t tantamount to an “invasion” or a “predatory incursion” as defined by the statute. “The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation,” Rodriguez highlighted.
If an appeal is pursued, the case would progress to the 5th U.S. Circuit Court of Appeals in New Orleans, known for its conservative stand on immigration rulings, having previously opposed perceived overreaches by both the Obama and Biden administrations. Should the administration seek further judicial relief, it might appeal to the U.S. Supreme Court, potentially requesting an emergency suspension pending appeal.
Previously, the Supreme Court ruled that those labeled as gang members must be allotted “reasonable time” to contest their deportation. Involving the highest court could lead to months of legal examination. The Texas case represents one of many litigations igniting from Trump’s contentious proclamation. Initially, the ACLU filed in Washington D.C. to cease deportations, leading U.S. District Judge James E. Boasberg to temporarily suspend removals and demand the return of planes en route to El Salvador.
Moreover, the Supreme Court intervened, stopping deportations from North Texas last month following the ACLU’s assertion that the administration planned further deportation flights. This legal saga underscores the complexities and controversies surrounding immigration policies and presidential power.