US Judge Blocks Trump’s Gang-Based Venezuelan Deportation Order, Says It ‘Exceeds Scope Of Law’

US District Judge Fernando Rodriguez Jr. became the first to rule that the Alien Enemies Act cannot be applied to individuals the administration alleges are gang members entering the US illegally.

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The Trump administration on Thursday was blocked by a federal judge from deporting Venezuelans from South Texas under a centuries-old wartime law, declaring the statute “unlawful.”

US District Judge Fernando Rodriguez Jr. became the first to rule that the Alien Enemies Act cannot be applied to individuals the administration alleges are gang members entering the US illegally, according to a report by Associated Press.

“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,” Rodriguez wrote. But, the judge added that, “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.”

In March, Trump said that he has special powers to deport immigrants and gang members, without the usual court proceedings, after claiming that the Venezuelan gang Tren de Aragua was invading the US.

“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,” Rodriguez added.

Alien Enemies Act

The US has used the Alien Enemies Act three times in its history, mostly during World War II, after it was used to intern Japanese-Americans. The announcement set off a flurry of litigation as the administration sought to send migrants it claimed were gang members to a notorious prison in El Salvador.

The ruling of Rodriguez is important as it will be considered as first formal directive against the administration for using the AEA and accused the president of misusing the law. “Congress never meant for this law to be used in this manner,” Lee Gelernt said, the ACLU lawyer who argued the case after its ruling.

Rodriguez concurred, highlighting that the law in question has historically been invoked only during the War of 1812 and the two World Wars. While Trump argued that the Tren de Aragua gang was operating under orders from the Venezuelan government, Rodriguez concluded that the alleged actions did not meet the law’s criteria for an "invasion" or "predatory incursion."

“The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation. Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA, "Rodriguez further wrote.

The Supreme Court has already addressed deportations under the Alien Enemies Act, ruling that individuals labeled as gang members must be given a “reasonable time” to challenge their removal, though it did not define how long that period should be.

The losing party in the 5th Circuit case may seek an emergency appeal to the Supreme Court, potentially asking for an expedited ruling that bypasses ongoing lower court proceedings. However, a final decision from the justices could still be months away.

This case in Texas is part of a broader wave of legal battles stemming from Trump’s proclamation.