The 18th-century Alien Enemies Act does not authorize Donald Trump to deport Venezuelan immigrants alleged to be members of the Tren de Aragua gang, a federal judge in Texas ruled on Thursday.
The ruling from US district judge Fernando Rodriguez Jr is significant because it is the first sweeping and permanent injunction directly addressing whether the government can use the 1798 Alien Enemies Act (AEA) to deport alleged members of Tren de Aragua. Other judges have issued similar but more limited and preliminary rulings.
The decision applies only to migrants detained in Rodriguez’s judicial district, the southern district of Texas, which includes Brownsville, McAllen and Houston. Trump appointed Rodriguez to the federal bench in 2018.
Trump invoked the act in March declaring Tren de Aragua (TdA) a foreign terrorist organization that was invading the US. The rarely used law allows the president to deport people without full due process in times of war. The law is supposed to apply whenever there is a war between the United States and a foreign nation and when there is “any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States”.
“While the Proclamation references that TdA members have harmed lives in the United States and engage in crime, the Proclamation does not suggest that they have done so through an organized armed attack, or that Venezuela has threatened or attempted such an attack through TdA members,” Rodriguez wrote in a 36-page opinion. “For these reasons, the Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful.”
The Trump administration has relied on the law to aggressively deport Venezuelan migrants, defying temporary injunctions from other judges telling the White House to halt the removals.
On 7 April, the US supreme court ruled that those being removed under the law needed to be provided adequate notice that they were being removed under the Alien Enemies Act so that they might be able to file a legal challenge. Less than two weeks later, the supreme court ordered a halt to a deportation of migrants in Texas after being presented with evidence they weren’t being given adequate chance to file their removals.
