Judge declares that Trump's application of wartime legislation for expelling Venezuelans is illegal
Side-Stepping the Sword:
President Trump's aggressive immigration crackdown took a blow on Thursday as a U.S. judge blocked the administration from employing the 18th-century Alien Enemies Act to swoop up certain Venezuelan migrants, marking a major setback for the Republican president's hardline immigration policies.
In a scathing 36-page opinion, Judge Fernando Rodriguez, appointed by Trump during his tenure, declared the administration had overstepped the Act's bounds by using it to expedite deportations of alleged Tren de Aragua gang members, whom the government brands as terrorists.
The judge's premise struck at the heart of Trump's mid-March proclamation, which deployed the 1798 law to justify speedy removals. This move has sparked a series of court challenges, with judges in various states halting the administration from ejecting migrants detained within their jurisdictions via the Alien Enemies Act. A Colorado judge ordered the government to grant migrants at least 21 days to contest their potential expulsions back in the week prior.
Rodriguez's verdict overturned this, prohibiting the administration from booting out Venezuelan migrants detained in the Southern District of Texas under the Act. Moreover, it was the first decision to outright reject Trump's application of the Alien Enemies Act, arguing that Tren de Aragua's actions in the U.S. did not constitute an "invasion" or "predatory incursion."
"The President's invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful," Rodriguez concluded[1]. However, the White House remains steadfast in its pursuit of deporting "terrorist illegal aliens."
"The Trump administration is unyielding in its pledge to harness every instrument of power invested in the executive branch to uphold the mandate bestowed by the Constitution and Congress and to see it through," White House spokesman Kush Desai stated.
Should the administration opt to challenge Rodriguez's ruling, the case may advance to the Fifth U.S. Circuit Court of Appeals—often regarded as the most conservative of the country's appellate circuits.
The Alien Enemies Act gained infamy for its use during World War Two to intern and expel individuals of Japanese, German, and Italian descent. Some critics argue that Congress never intended for the statute to function in the manner Trump has employed it.
Lee Gelernt, an attorney for the American Civil Liberties Union (ACLU) representing the Venezuelan migrants, asserted, "The court decisively held that the President cannot single-handedly declare an invasion of the U.S. and then invoke an 18th-century wartime decree during a time of peace."
Despite the deportations that occurred last month, several Venezuelan migrant families and their legal representatives contest the claim that the deportees belonged to Tren de Aragua. They allege the deportees were denied the opportunity to dispute the administration's accusations. In response to these deportations, the Supreme Court ordered Trump's team to allow court challenges for any future Alien Enemies Act deportations on April 7, 2025[1].
Meanwhile, the ACLU has initiated challenges to deportations instigated under the Act in courts across the nation, where Venezuelan migrants are entangled in detention. The civil liberties group also implored Washington-based U.S. District Judge James Boasberg to mandate the return of the expelled migrants, who are currently being held in El Salvador's Terrorism Confinement Center, at the expense of the U.S. government[3]. A ruling on this matter is still pending.
[1] https://www.axios.com/trump-venezuela-deportation-ruled-illegal-9ff192e9-0aca-43f0-b896-5158515a408d.html[2] https://www.reuters.com/article/us-usa-immigration-venezuela-decision/judge-blocks-u-s-governments-use-of-an-18th-century-law-to-deport-venezuelan-migrants-idUSKBN2BZ1SZ[3] https://www.courthousenews.com/us-orders-venezuelan-immigrants-detained-in-texas-to-be-deported/
- The Alien Enemies Act, notoriously used during World War Two for the internment and expulsion of individuals of Japanese, German, and Italian descent, has received criticism as its current implementation violates the intended use.
- The White House, undeterred by the ruling, has affirmed its commitment to deport "terrorist illegal aliens," indicating a continued interest in applying the Alien Enemies Act.
- If the administration decides to challenge Judge Rodriguez's ruling, the case will likely progress to the conservative-leaning Fifth U.S. Circuit Court of Appeals.
- Nayib, an attorney for the American Civil Liberties Union (ACLU), argued that President Trump cannot single-handedly declare an invasion and use the Alien Enemies Act during peacetime.
- In a legal challenge, the ACLU is demanding the return of expelled Venezuelan migrants, currently held in El Salvador's Terrorism Confinement Center, at the expense of the U.S. government.
- In response to the deportations that occurred last month, a Supreme Court order mandates that court challenges be allowed for any future Alien Enemies Act deportations, as of April 7, 2025.
