A federal judge appointed by Donald Trump has rejected the Biden administration’s attempt to use the Alien Enemies Act of 1798 to deport Venezuelans allegedly associated with the criminal organization Tren de Aragua. U.S. District Judge Fernando Rodriguez Jr. stated that while the executive branch has the authority to detain and remove aliens involved in criminal activity, the invocation of the Alien Enemies Act in this case exceeds legal limits. He argued that the administration’s claims of “invasion” do not align with the historical context of the term, which has traditionally related to military actions.
Rodriguez noted that the Supreme Court had previously paused deportations related to the Alien Enemies Act amidst concerns about the treatment of Venezuelan detainees. In response, he granted class status in the lawsuit, establishing that shared legal questions warranted this designation for all Venezuelan aliens in the Southern District of Texas. His ruling included a permanent injunction against the administration’s use of the Alien Enemies Act for deportations but did not prevent them from acting under the Immigration and Nationality Act.
This case marks the first instance in which a federal judge has thoroughly examined whether the Trump administration could apply the Alien Enemies Act during peacetime. ACLU attorney Lee Gelernt emphasized that the ruling highlights the limitations of presidential authority to invoke wartime powers arbitrarily. Overall, the court’s decision indicates a significant check on the executive branch’s power regarding immigration and deportation practices, particularly concerning historically designated laws.
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