Overview

• U.S. District Judge Fernando Rodriguez Jr. issued a permanent injunction in the Southern District of Texas, ruling the Alien Enemies Act cannot be used to deport alleged members of the Tren de Aragua gang.
• The judge found the administration's claim of a 'predatory incursion' by the gang did not meet the statutory requirements of the 18th-century wartime law, which applies only during declared wars or invasions.
• The Trump administration plans to appeal the ruling to the Fifth Circuit and potentially the Supreme Court, as related lawsuits continue in other federal courts.
• The Department of Justice maintains that the President has sole authority to determine whether the conditions for invoking the Alien Enemies Act are met, a stance challenged by multiple courts.
• Critics, including human rights advocates, argue the policy violates due process rights and raises concerns over deportees being sent to El Salvador's controversial CECOT prison.