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

A federal judge ruled the 1798 law inapplicable to alleged Venezuelan gang members, halting deportations in Texas and prompting a DOJ appeal.

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 against using the Alien Enemies Act (AEA) to deport alleged members of the Tren de Aragua gang in the Southern District of Texas.
  • The ruling stated that the AEA, a wartime statute, cannot be invoked without evidence of an organized, armed invasion or war involving Venezuela.
  • The Department of Justice argued that only the President can determine whether the AEA's conditions are met, signaling plans to appeal the decision to higher courts.
  • The Supreme Court had previously issued a temporary block on AEA deportations, requiring notice and due process, and related lawsuits continue across the country.
  • The administration has faced criticism over deportations to El Salvador with limited hearings, raising concerns about due process and misidentification.