OAN Staff Gabriella Sable
1:03pm – Friday, May 2, 2025
Paul Kamenar, a lawyer with the National Law and Policy Center, has raised concerns that a Texas District Court judge overlooked the Trump administration’s interpretation of “predatory intrusion,” especially regarding President Trump’s invoking of the Alien Enemy Act (AEA).
“He may have, perhaps inappropriately, dismissed political considerations by narrowing his interpretation to the president,” Kamenar stated. One American News. “In the backdrop of the ongoing conflict involving Tren de Aragua and Venezuela, military or troop presence isn’t necessary.”
Back in March, former President Trump issued an executive order claiming that Venezuelan gang Tren de Aragua had invaded the U.S., activating the alien enemy law established in 1798. However, in a 36-page ruling, Judge Fernandez Rodriguez concluded that Trump did not present enough evidence to support the claim that Tren de Aragua posed an imminent invasion threat. Rodriguez chose not to determine if Tren de Aragua qualified as a foreign enemy.
“The President cannot simply declare that a foreign entity has either threatened or executed an invasion without adequate substantiation,” Rodriguez explained in his court documents.
This ruling does not apply nationwide but is confined to the Southern Texas district. Kamenar suggested that the Trump administration might appeal to the Fifth Circuit Court of Appeals and strengthen the executive order with more compelling evidence of a continuing invasion.
Nevertheless, Rodriguez emphasized that the Trump administration retains the right to deport members of Tren de Aragua under the Immigration and Nationality Act. The Fifth Amendment guarantees that all “people,” not just citizens, deserve due process. Kamenar elaborated that the “due process” afforded can differ based on the particulars of each deportation case.
“It might differ from the typical ‘deadline.’ So, an expedited administrative hearing could suffice for undocumented individuals who aren’t entitled to a full federal court hearing,” Kamenar noted.
“However, if the behavior of these alien enemies is deemed problematic, certain individuals linked to terrorist organizations are subject to much less rigorous processes compared to normal undocumented immigrants,” Kamenar added.
This situation poses a significant challenge for the Trump administration, particularly as border crossings have plummeted since he took office in January. Data from Border Patrol indicated a 96% drop in crossings in March compared to the same month last year when Biden was president. This sharp decline might be prompting the administration to look for a more streamlined system for deporting individuals living in the country illegally.
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