U.S. District Court Judge Fernando Rodriguez Jr. has ruled against the Trump administration's attempt to deport Venezuelans from South Texas, citing misuse of the Alien Enemies Act (AEA). The court determined that the President's proclamation, which labeled certain Venezuelans as gang members without judicial processes, exceeds the lawâs intended purpose. This ruling marks a significant legal precedent, as the AEA has rarely been invoked and has historical implications from WWII, emphasizing checks on executive power in immigration enforcement.
Neither the Court nor the parties question that the Executive Branch can direct the detention and removal of aliens who engage in criminal activity in the United States... the President's invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms.
The proclamation triggered a flurry of litigation as the administration tried to ship migrants it claimed were gang members to a notorious prison in El Salvador.
U.S. District Court Judge Fernando Rodriguez Jr. is the first judge to rule that the Alien Enemies Act cannot be used against people who the Republican administration claims are gang members invading the United States.
The Alien Enemies Act has only been used three times before in U.S. history, most recently during World War II, when it was cited to intern Japanese-Americans.
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