In a surprising development within the U.S. judicial and political arenas, a federal judge appointed by former President Donald Trump has ruled that the Trump administration unlawfully invoked the Alien Enemies Act (AEA) to expedite the deportation of Venezuelan migrants allegedly linked to the criminal organization Tren de Aragua. The decision, handed down by Judge Fernando Rodriguez of the Southern District of Texas, determined that the administration overstepped its authority by applying an 18th-century law intended for wartime during a period of peace, according to a report by CNN.
“The government lacks the legal authority under the AEA to detain, transfer, or deport Venezuelan citizens based on the presidential proclamation,” the judge stated in his ruling. He further emphasized that allowing the president to unilaterally define conditions for applying this law would “remove all constraints on the Executive Power and nullify the role of the courts.”
Originally enacted in 1798, the Alien Enemies Act permits the detention and deportation of nationals from enemy countries during armed conflicts. Trump invoked this law in March to justify the swift deportation of Venezuelans accused of gang affiliations, particularly those associated with the Tren de Aragua, a notorious criminal gang operating across several Latin American nations.
The administration attempted to deport several of these migrants to El Salvador, where at least two flights had already transferred individuals to the CECOT high-security prison, one of the region's most controversial facilities.
Judge Rodriguez’s ruling, coming from a federal judge nominated by Trump on September 7, 2017, and confirmed by the Senate on June 5, 2018, with unanimous support (96-0), halts these transfers in his district. This represents the first definitive legal judgment on the policy’s legal grounds, potentially setting an important precedent for courts nationwide.
Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU) and part of the legal team challenging the measure, praised the ruling: “The significance of this decision cannot be overstated. It is the first court to directly address whether wartime authority can be used in peacetime and concluded that it cannot.”
Although the affected migrants remain in custody in Texas, the judge clarified that they could be processed under other existing immigration laws, but not through the AEA. The federal government has yet to announce whether it will appeal the decision, but the ruling complicates Trump’s intentions to employ extreme legal measures to harden his immigration policy in any potential future administration.
Understanding the Impact of the Alien Enemies Act Ruling
What is the Alien Enemies Act?
The Alien Enemies Act, enacted in 1798, allows for the detention and deportation of individuals from enemy nations during wartime.
Why did the judge rule against the use of AEA for deporting Venezuelan migrants?
The judge ruled that the AEA was misapplied because it is intended for wartime use, and the context was not applicable to the peaceful circumstances involving Venezuelan migrants.
What are the implications of this ruling for future immigration policies?
This ruling may set a legal precedent limiting the use of extreme measures under wartime laws for immigration purposes during peacetime, impacting future policies.