WASHINGTON (TNND) — A federal judge has issued a significant ruling, barring the Trump administration from deporting Venezuelans from Texas under the Alien Enemies Act.
U.S. District Court Judge Fernando Rodriguez Jr. ruled that the 18th-century wartime law cannot be used against individuals the administration claims are gang members invading the United States. Rodriguez Jr., nominated by Trump in 2018, is the first judge to do so.
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,” Rodriguez wrote.
However, he stated, “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.”
In March, President Donald Trump issued a proclamation alleging that the Venezuelan gang Tren de Aragua was invading the U.S. He said he had special powers to deport migrants identified by his administration as gang members, without usual court proceedings.
The Alien Enemies Act has been invoked only three times in U.S. history, most recently during World War II, when it was used to intern Japanese-Americans. Trump’s proclamation led to a wave of litigation as the administration attempted to deport migrants it claimed were gang members to a notorious prison in El Salvador.
Rodriguez’s ruling marks the first formal permanent injunction against the administration’s use of the Alien Enemies Act, asserting that the president is misusing the law.
If the administration appeals, it would go first to the New Orleans-based 5th U.S. Circuit Court of Appeals.
The Supreme Court has already weighed once on the issue of deportations under the act. The justices said migrants alleged to be gang members should be given “reasonable time” to contest their removal, though they didn’t specify the length of time.
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The Associated Press contributed to this report.
