Judge Fernando Rodriguez, nominated by President Trump, recently issued a significant 36-page ruling that opposes the administration's application of the Alien Enemies Act. His ruling emphasizes that migration should not be equated with invasion and criticizes the White House for misinterpreting historical legislation. Rodriguez asserts that the A.E.A. was intended for wartime contexts, not for modern immigration issues. The Supreme Court's prior guideline mandating protections for Venezuelans further underlines the importance of his ruling, which reinforces legal limits on executive authority regarding immigration.
'Migration is not invasion, he decided, and a street gang is not an army. The court concludes that as a matter of law, the executive branch cannot rely on the A.E.A....'
'Rodriguez's ruling went further, saying that the White House had improperly stretched the meaning of the law, which is supposed to be used only against members of a hostile foreign nation...'
'Judge Rodriguez's ruling amounted to a philosophical rejection of the White House's attempts to transpose the Alien Enemies Act into the context of modern-day immigration policy.'
'To his credit, and in contrast with the waffle house in the Supreme Court, Rodriguez was not shy about attacking the fundamental absurdity of the administration's reliance on a law designed to foil...'
'The Supreme Court has already said that any Venezuelans the White House wants to expel under Mr. Trump's proclamation invoking the act must be given a chance to challenge their removal.'
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