⚖️ US Judge Blocks Trump’s Use of Alien Enemies Act to Deport Venezuelans
In a historic legal decision, a federal judge in Texas has issued a permanent injunction halting President Donald Trump’s attempt to use the Alien Enemies Act of 1798 to deport Venezuelan nationals from South Texas.
Judge Fernando Rodriguez Jr, a Trump appointee, ruled that the administration’s invocation of the 18th-century wartime law was unlawful and exceeded its statutory authority. The Alien Enemies Act, originally created for wartime scenarios, had never before been used in peacetime for immigration enforcement.
The Trump administration had argued that members of the Venezuelan gang Tren de Aragua posed an imminent threat, calling their actions an “invasion” justifying deportations. Trump signed an executive proclamation on March 15, attempting to use the AEA to fast-track removals.
🧑⚖️ Judge: No ‘Invasion’ Under the Law
But in a 36-page ruling, Judge Rodriguez disagreed, saying the gang’s activities — though harmful — did not qualify as an “invasion” or “predatory incursion” under the law’s definition.
“The president’s invocation of the AEA through the proclamation exceeds the scope of the statute and, as a result, is unlawful,” he wrote.
This ruling means the Trump administration cannot detain, transfer, or deport Venezuelan immigrants under the Alien Enemies Act within the Southern District of Texas, which includes cities like Houston.
🧵 Legal and Political Fallout
This marks the first permanent ruling against the AEA’s modern-day use and comes amid a wave of lawsuits across the country challenging Trump’s aggressive immigration tactics.
Courts in Colorado, Pennsylvania, and Washington, DC have issued temporary injunctions, and ACLU attorneys have argued the law violates due process and was never intended for peacetime use.
The AEA has been used only three times in U.S. history, including to detain Japanese Americans during WWII — a policy later condemned and compensated for by the U.S. government.
🗣️ Reactions and What’s Next
The ACLU, a lead plaintiff, welcomed the ruling. Attorney Lee Gelernt said,
“The court ruled the president can’t unilaterally declare an invasion of the United States and invoke a wartime authority during peacetime.”
Adriana Piñon, legal director of ACLU Texas, added:
“This permanent injunction is a significant win for preventing unlawful, unilateral executive action… Immigrants are protected by U.S. law and the Constitution.”
The Trump administration is expected to appeal to the Fifth Circuit Court of Appeals in New Orleans, a conservative-leaning court that has historically supported broader executive authority.
