A federal judge on Thursday prevented the Trump administration from deporting alleged Venezuelan gang members from South Texas using 18th-century law, Alien Enemy Law (AEA).
Trump nominated US District Judge Fernando Rodriguez Jr. I said“Neither the court nor the parties have any doubts that administrative agencies can direct the detention and removal of foreigners engaged in criminal activities in the United States.”
Rodriguez said, “The president's call to the AEA through the declaration is beyond the scope of the law and is contrary to the obvious and normal meaning of the terms of the law.”
Rodriguez is the first judge to argue that the president cannot use alien enemy laws to deport those who the administration claims to be gang members invading the United States.
In March, President Donald Trump declared that Venezuelan gangster Tren de Aragua was invading the United States, citing 18th century law as his special authority to deport these migrants without typical court proceedings.
“The court has concluded through the declaration that the president's call to the AEA is beyond the scope of the law and, as a result, is illegal,” continued Rodriguez.
“Therefore, the language of the declaration cannot be read as an explanation of an act that falls within the meaning of “invasion” for the purposes of the AEA,” Rodriguez said that gang members have not come to the United States at the request of the Venezuelan government.
The Associated Press writes:
If the administration appeals, it will first be sent to the New Orleans-based 5th Circuit Court of Appeals. It is one of the most conservative courts of appeal in the country, and also opposes what was considered an overdue on immigration issues by both the Obama and Biden administrations. In such cases, Democrats were trying to make it easier for immigrants to stay in the US
The administration can resort to appeal courts, including the U.S. Supreme Court, in the form of an emergency motion to stay pending appeal, as in other cases challenge the vast views of the presidential power.
The Supreme Court held that in order to challenge the removal of the state, it must be given “reasonable time” to those deported under the alien enemy laws, but the Supreme Court of the country did not decide what amount in the “reasonable” time.
Sean Moran is a policy reporter for Breitbart News. Follow him with x @seanmoran3.
