Courts Obstruct Trump's Attempt to Deport Venezuelans via Alien Enemies Act; Permanent Injunction Granted in South Texas
Trump's use of the Alien Enemies Act of 1798 for deporting Venezuelans from South Texas has taken a hit, as Judge Fernando Rodriguez Jr issued a permanent block on May 2, 2025, halting federal officials from detaining, transferring, or expelling Venezuelans under this act within the Southern District of Texas[1][3][4].
In a sweeping decision that could significantly impact immigrant rights, Judge Rodriguez, a Trump appointee, pointed out that the Trump administration's claim that the Tren de Aragua gang constituted an "invasion" and justified the use of the Alien Enemies Act exceeded the law's original intent, which applies only during wartime or an armed attack by a nation-state, neither of which applied to Venezuela[1][3][5].
The new ruling forms the first permanent injunction against the policy, contrasting earlier temporary blocks[1][3]. Rodriguez, in his 36-page decision, focused on the textual interpretation of the law, noting that the AEA applies only during wartime or an armed attack by a nation-state and stated that Trump's proclamation "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms"[3][4].
The administration is now expected to challenge the decision at the conservative 5th U.S. Circuit Court of Appeals[1][4]. It is critical to acknowledge that the injunction only applies to South Texas, but the reasoning behind the decision could potentially influence other courts as well[1][4]. Prior to this ruling, more than 100 Venezuelans had already been deported to El Salvador under the policy[1][3].
In an interesting historical context, the Alien Enemies Act has been invoked only three times before, most notably during WWII to intern Japanese-Americans[3]. This is a significant development, as the administration retains other immigration enforcement tools, but the AEA pathway is now formally contested.
The American Civil Liberties Union (ACLU) and other plaintiffs have welcomed the decision, viewing it as an important step towards safeguarding constitutional and legal protections for immigrants[6].
- Trump's motion to deport Venezuelans from South Texas using the Alien Enemies Act of 1798 has been permanently blocked by Judge Fernando Rodriguez Jr, a Trump appointee, who stated that the administration's claim of the Tren de Aragua gang as an "invasion" exceeded the law's original intent, applicable only during wartime or armed attacks by nation-states.
- The new ruling, the first permanent injunction against the policy, contrasts earlier temporary blocks, and Judge Rodriguez, in his 36-page decision, focused on the textual interpretation of the law, noting that the AEA applies only during wartime or armed attacks and is contrary to the plain, ordinary meaning of the statute's terms.
- The administration is planning to challenge the decision at the conservative 5th U.S. Circuit Court of Appeals, and it is crucial to acknowledge that the injunction only applies to South Texas, but the reasoning behind the decision could potentially influence other courts.
- Prior to this ruling, over 100 Venezuelans had already been deported to El Salvador under the policy, but this decision could signify a shift in immigration policies and standards, safeguarding legal protections for immigrants.
- In an historical context, the Alien Enemies Act has been invoked only three times before, most notably during WWII to intern Japanese-Americans, making this development a significant turning point in immigration, politics, and general news.
- The American Civil Liberties Union (ACLU) and other plaintiffs have welcomed the decision, viewing it as an essential step in upholding constitutional and legal protections for immigrants, highlighting the importance of policy-and-legislation and citizens' rights in shaping the nation's political landscape.
