Federal judge inhibits deployment of Alien Enemies Act against Venezuelans in southern Texas under Trump's administration.
May 1, 2025, 2:26 PM CDT
A federal judge in Texas took a hard stand yesterday, nixing President Trump's use of the Alien Enemies Act (AEA) to detain and expel Venezuelan immigrants from South Texas as "illegitimate."
Judge Fernando Rodriguez Jr., a Trump appointee with a change of heart, penned down his verdict, stating that Trump's decision to invoke the law transcends its limits and contradicts the plain meaning of the statute's terms.
The government, according to the judge, doesn't have the legal authority under the AEA, following the Proclamation, to apprehend Venezuelan immigrants, shift them across the United States, or remove them from the country. The fellows involved in the Texas case have been threatened with prompt expulsion under the Alien Enemies Act. They are alleged members of Tren de Aragua, a violent Venezuelan gang. They continue to linger in detention at El Valle Detention Center in Raymondville, Texas.
The judge's decision encompasses the entire Southern District of Texas, which covers Brownsville, McAllen, and Houston.
Various courts have attempted to thwart the Trump administration from deporting anyone under the act. But this ruling marks the first time a judge has ruled that the act cannot be utilized against people who are accused of being armed gang intruders.
Lee Gelernt, an attorney with the American Civil Liberties Union and the lead counsel for the three Venezuelan plaintiffs, stated, "The court ruled the president can't unilaterally proclaim an invasion of the United States and invoke wartime authority during peacetime. This decision prevents more individuals from being shipped to the notorious CECOT prison (a maximum security prison in El Salvador)."
After an exhaustive examination of historical records, Judge Rodriguez concluded in his verdict that the original meaning of "invasion" or "predatory inclusion" when the Alien Enemies Act was established demanded a military intrusion. He found that the criminal activities of Tren de Aragua members, while harmful, did not constitute an "invasion" or "predatory incursion" as defined under the Act.
"There's not even a whisper of the possibility of an organized, armed group of individuals entering the United States to seize the land or control a portion of the nation, as suggested by the Proclamation," Judge Rodriguez wrote.
"In short, an invasion or predatory incursion must involve an organized, armed force entering the United States to wreck property and cause human casualties in a specific territory, but it need not necessitate a precursor to actual war."
The Department of Homeland Security failed to provide a prompt response to a request for comment. If the Trump administration opts to appeal the decision, it will proceed to the 5th U.S. Circuit Court of Appeals, known to be one of the country's most conservative courts. The case could ultimately land at the U.S. Supreme Court.
President Trump issued a proclamation in March, accusing Tren de Aragua of "launching hostile actions and waging irregular warfare against the territory of the United States."
"(Tren de Aragua) poses a severe threat to the safety and wellbeing of American citizens," Trump wrote.
Since then, Trump has expelled more than 130 Venezuelan men to a maximum security prison in El Salvador under the Alien Enemies Act. The administration claims all of them are members of Tren de Aragua, but admits not all have criminal records.
The Texas suit is just one of several court cases sparked by Trump's proclamation and his administration's actions.
In late March, a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit upheld a ruling by federal Judge James Boasberg and denied the White House's use of wartime authority by a vote of 2 to 1. Judge Patricia Millett, an appointee of former President Barack Obama, cited a lack of opportunity for the purported gang members to contest the cases.
"The government's removal strategy denies plaintiffs even the thinnest thread of due process," Millett wrote in a concurring statement.
The Supreme Court has already ruled that the Trump administration can deport migrants under the Alien Enemies Act, but with a caveat. Migrants suspected of being gang members must be given a reasonable chance to challenge their removal from the country, but the high court didn't specify a particular time frame. Copyright 2025 NPR
- The Trump administration's policy and legislation regarding the deportation of Venezuelan immigrants, under the Alien Enemies Act (AEA), faced a setback on Thursday when a federal judge in Texas ruled that President Trump's decision to invoke the law was "illegitimate."
- Judge Fernando Rodriguez Jr. concluded that the government lacked the legal authority under the AEA to apprehend, detain, and expel Venezuelan immigrants, particularly those accused of being members of Tren de Aragua, a violent Venezuelan gang.
- This ruling, which encompasses the Southern District of Texas, marks a significant turn in politics, as it is the first time a judge has ruled that the act cannot be utilized against people who are accused of being armed gang intruders.
- The department of Homeland Security has yet to respond to a request for comment on this matter, and if the Trump administration chooses to appeal this decision, it will likely proceed to the 5th U.S. Circuit Court of Appeals, known for its conservative views.
- The Texas case is one of several court cases sparked by Trump's proclamation and his administration's actions, with general news outlets and policy experts closely watching the progression of these court cases and their potential impact on war-and-conflicts policies.
