Donald Trump's legal efforts to tighten U.S. immigration policy faced a significant setback on Tuesday when two judges blocked the application of the Alien Enemies Act (AEA). According to CNN, this brings the total to three federal judges opposed to using the AEA as a tool to expedite the deportation of migrants, particularly Venezuelans allegedly linked to the Tren de Aragua gang.
New York Judge Halts Law
Judge Alvin Hellerstein from the Southern District of New York issued a 22-page opinion declaring the government's use of the AEA a violation of constitutional due process protections afforded to anyone within U.S. borders. "Applicants have not been informed of what they supposedly did to join (the Tren de Aragua gang), when they joined, or what actions they took in the U.S. or elsewhere to support the illegal objectives of the Tren de Aragua," the judge wrote. Hellerstein also challenged the Trump administration's justification, which claims the U.S. is facing a "migrant invasion."
The judge firmly asserted that the situation does not meet the historical or legal criteria of the law, which has been used in conflicts such as the War of 1812 or World War II. "The Tren de Aragua may be involved in drug trafficking, but that is a criminal matter, not an invasion," he emphasized. Hellerstein further criticized the deportation of over 130 migrants in March to El Salvador, rather than their home countries, where they were held in the maximum-security CECOT prison.
Colorado Judge Also Blocks AEA
In Colorado, Judge Charlotte Sweeney, appointed by President Joe Biden, similarly prohibited the use of the AEA. Her 25-page ruling indicated that Trump likely overstepped his authority by invoking a wartime law in a peacetime setting. In her judgment, there is no active military invasion by a foreign nation that would justify the invocation of this law in the U.S. to summarily remove alleged members of the Venezuelan gang.
Initial Block in Texas
These rulings add to the judicial precedent set on May 2 by Judge Fernando Rodríguez Jr. from the Southern District of Texas, who was appointed by Trump himself. Rodríguez deemed the use of the AEA illegal and stated that allowing the president to unilaterally apply this law "would eliminate all limitations on Executive Power."
The White House has yet to announce whether it will appeal these decisions. Nonetheless, the judicial rulings complicate Trump's plans to expedite the deportation of a group of immigrants with alleged criminal backgrounds.
Understanding the Alien Enemies Act
Enacted in 1798, the Alien Enemies Act authorizes the detention and expulsion of citizens from enemy countries during armed conflicts. Trump invoked it in January 2025 to justify the deportation of Venezuelans accused of gang affiliations. However, with three judicial rulings against it, this strategy is encountering increasing legal barriers.
Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), praised the decisions: "The significance of these rulings cannot be overstated. They conclude that wartime authority cannot be used in peacetime."
FAQs on the Alien Enemies Act and its Legal Challenges
What is the Alien Enemies Act?
The Alien Enemies Act, enacted in 1798, allows the detention and expulsion of citizens from enemy nations during times of war.
Why did the judges block the use of the Alien Enemies Act?
The judges blocked its use because they found it violated constitutional due process protections and was improperly invoked in a peacetime context.
What was Judge Hellerstein's argument against using the AEA?
Judge Hellerstein argued that the situation did not meet the historical or legal criteria of an invasion and that the deportations lacked proper notification and justification.