Trump-appointed judge blocks use of Alien Enemies Act in Venezuelan deportations

UPDATED: May 2, 2025 00:13 IST

A federal judge in Texas ruled that the Trump administration cannot use Alien Enemies Act to deport Venezuelan prisoners, who are accused of being members of the criminal group Tren de Aragua. The law, established in 1798, was primarily used in times of war. It was used in the War of 1812, World War I, and World War II.

Judge Fernando Rodriguez Jr., a Donald Trump appointee, stated that while the government may have the right to deport people who break the law, but in this case, it can't use this law. In his ruling, he said the Trump administration exceeded what is provided for under the law.

"The historical record renders clear 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 judge said.

The judge also wrote that the government has the ability to continue utilising the Immigration and ity Act in order to handle such situations, which is typically the standard legislation utilised for the enforcement of immigration.

INVASION CLAIMS DISMISSED BY THE COURT

Earlier in March, Trump declared that the Tren de Aragua gang was a terrorist organisation. He said the group was attempting to stage an "invasion" of America. That was not Judge Rodriguez's perspective. He explained that in history, the term "invasion" has been used to mean military assaults or warfare, not criminal gang activity.

The court said that for something to be considered an invasion, it must involve an "organised, armed force entering the United States to engage in conduct destructive of property and human life in a specific geographical area." Rodriguez made it clear that while the group may be dangerous, its actions don’t match what the law describes as an "invasion."

The judge also certified class-action status for the lawsuit, i.e., the ruling applies not only to a handful of individuals, but to all Venezuelan detainees in the Southern District of Texas who were impacted by the same policy. He issued a permanent injunction that halts the government from employing the Alien Enemies Act to deport, transfer, or remove these individuals.

But the judge indicated that the government may still attempt to deport the individuals under regular immigration laws if they qualify for removal.

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