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Judge Blocks Trump's Use of Alien Enemies Act for Deportations

A federal judge ruled that the 1798 law cannot be used to deport alleged Venezuelan gang members, marking a significant legal setback for the administration.

Protesters call for return of migrants sent to notorious El Salvador prison
White House press secretary Karoline Leavitt posted a photo on X on January 24 showing migrants boarding a military plane for deportation. (X/@PressSec)
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Overview

  • U.S. District Judge Fernando Rodriguez Jr. issued a permanent injunction halting the Trump administration's use of the Alien Enemies Act (AEA) to deport alleged members of Venezuela's Tren de Aragua gang in the Southern District of Texas.
  • The ruling found that the administration failed to demonstrate an 'organized, armed incursion' or a state of war, both prerequisites for invoking the AEA.
  • The Department of Justice argued in separate court filings that only the president has the authority to determine if the AEA's conditions are met, a stance that has drawn legal challenges nationwide.
  • Over 100 Venezuelan nationals have already been deported to El Salvador under the AEA, sparking criticism over due process violations and the policy's human rights implications.
  • The administration plans to appeal the ruling while continuing its broader efforts to end deportation protections for Venezuelans under Temporary Protected Status.