A federal judge on Thursday has prevented the Trump administration from deporting alleged Venezuelan gang members from South Texas using the Alien Enemies Act (AEA), an 18th-century law.
U.S. District Court Judge Fernando Rodriguez Jr., whom Trump nominated in 2018, said, “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 continued, “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.”
Rodriguez is the first judge to argue that the president cannot use the Alien Enemies Act to deport those the administration claims are gang members invading the United States.
In March, President Donald Trump proclaimed that the Venezuelan gang Tren de Aragua was invading the United States, citing the 18th-century law as his special power to deport these migrants without the typical court proceedings.
“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,” Rodriguez continued.
“Thus, the Proclamation’s language cannot be read as describing conduct