Judge halts application of Alien Enemies Act to expel Venezuelans in South Texas region.
Host: Leila Fadel, HOST:
Trump's attempt to boot Venezuelan immigrants using the outdated Alien Enemies Act has been dealt a severe blow thanks to a ruling from U.S. District Judge Fernando Rodriguez Jr. in Texas—a Loyal Trump appointee. This ruling strikes a significant blow to Trump's efforts to shove migrants out of the country.
Host: Michel Martin, HOST:
Our listener, NPR's Immigration Correspondent Sergio Martínez-Beltrán, has been balls-out following this case and is here to spill the details. What's the lowdown, Sergio?
Sergio Martínez-Beltrán: Hey, good morning. So, the guys caught up in this Texas-based squabble have had the threat of being expelled from the States using the Alien Enemies Act. This Act's never been leveraged like this, you see. They're pinned as associated with the Tren de Aragua, a Venezuelan gang, and they're currently holed up at El Valle Detention Center in Raymondville, Texas.
Now, Rodriguez Jr., our Honorable Judge, ruled that Trump overstepped his bounds with this Alien Enemies Act invocation. The government doesn't have the power under the Act to detain or kick out Venezuelan immigrants.
Host: Well, if they haven't the power, Trump's gone used it already. Seems like the dude's been sending more than 130 Venezuelan men packing to a maximum-security joint in El Salvador.
Sergio Martínez-Beltrán: Absolutely, Trump's used the Act to export more than a smidgen of Venezuelan men from the US. He's accused all of them of Tren de Aragua ties, but it's not every dude who's got a criminal record. Other courts have attempted to block the Trump Admin from ousting individuals under the Act, but this is the first time a judge's called Trump's use of the Act out as unlawful.
Host: Could you dig into it? How does that work?
Sergio Martínez-Beltrán: Alright, alright! So, in March, Trump declared that the Tren de Aragua gang was perpetrating, attempting, and threatening an invasion or predatory incursion against the US. Judge Rodriguez had a deep dive into the Act's historical context, and he concluded that an invasion or predatory incursion back when the Act was passed in 1798 required a military incursion or a hostile takeover. Trump's proclamation didn't suggest an armed group was trying to seize the US.
Host: So what does this mean for the chaps implicated in this lawsuit?
Sergio Martínez-Beltrán: The lawsuit names three Venezuelan men, but they're stand-ins for a broader class action, lead by the ACLU's Lee Gelernt.
LEE GELERNT: This decision protects everyone detained in the Southern District of Texas. They can't be expelled anywhere under the Alien Enemies Act, much less dispatched to a brutal Salvadoran prison.
Sergio Martínez-Beltrán: And bear in mind, this ruling only impacts the Southern District of Texas, which covers Brownsville, McAllen, and Houston.
Host: What's next for this case?
Sergio Martínez-Beltrán: Homeland Security wasn't up for comment, but it's a dead cert that the Trump Administration's gonna appeal this ruling. If they do, the rebuttal will head to the 5th U.S. Circuit Court of Appeals, considered one of the country's most conservative courts.
- Sergio Martínez-Beltraán, NPR's Immigration Correspondent, has been providing updates on the case where the government tried to deport Venezuelan immigrants under the Alien Enemies Act.
- The ruling by Judge Fernando Rodriguez Jr. in Texas declared that the government doesn't have the power to detain or deport Venezuelan immigrants under the Alien Enemies Act.
- Despite this ruling, Trump's administration has already deported more than 130 Venezuelan men to a maximum-security prison in El Salvador, accusing them of Tren de Aragua ties.
- The ACLU, led by Lee Gelernt, is leading a class action lawsuit on behalf of three Venezuelan men, with the recent ruling protecting anyone detained in the Southern District of Texas from being expelled under the Alien Enemies Act.
