A federal judge on Thursday issued an order blocking the Trump administration from deporting Venezuelan nationals from South Texas under the Alien Enemies Act, a law originally enacted in the late 18th century.
U.S. District Court Judge Fernando Rodriguez Jr., who was appointed by President Donald Trump in 2018, ruled that the administration’s application of the Alien Enemies Act (AEA) in this case was unlawful.
LAWFARE: Activist border judge rules that the ACLU can represent ALL MS-13 and TdA terrorists even if they don’t ask for a lawyer or even try to challenge their deportation. Federal Judge Fernando Rodriguez Jr. is yet another anti-deportation activist hiding behind the bench. pic.twitter.com/EE60xPiZsF
— @amuse (@amuse) May 1, 2025
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The decision marks the first time a federal court has restricted the government’s use of the AEA against individuals alleged to be gang members from a nation designated by the administration as actively participating in aggression against the United States.
The ruling comes amid a broader effort by the Trump administration to address escalating concerns along the southern border, including the identification and removal of foreign nationals involved in organized criminal activity.
In recent months, the administration has used the AEA to target Venezuelan nationals for expedited removal, citing national security and public safety concerns linked to transnational criminal organizations.
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However, Judge Rodriguez ruled that the President’s reliance on the Alien Enemies Act in this context exceeded the authority granted under the law.
“Neither the Court nor the parties question that the Executive Branch can direct the detention and removal of aliens who engage in criminal activity in the United States,” Rodriguez wrote in his opinion.
“But the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms.”
The Alien Enemies Act, first enacted in 1798 as part of the Alien and Sedition Acts, grants the president the authority to detain and remove citizens of countries with which the United States is at war.
While it has historically been applied during formally declared conflicts, the Trump administration’s use of the law has extended its reach to nations that the administration has designated as posing a hostile threat, including Venezuela.
The Associated Press reported that the ruling affects Venezuelans currently located in South Texas who had been subject to removal under President Trump’s proclamation.
Thursday’s decision comes as immigration remains a focal point of the Trump administration’s second term, with a renewed emphasis on the deportation of non-citizens involved in criminal activity.
🚨 JUST IN: Trump-appointed Federal Judge Fernando Rodriguez Jr. rules President Trump can NOT use the Alien Enemies Act to remove certain illegals – POLITICO
He says Trump violated the law by invoking it in the context in which he did.
This is madness. pic.twitter.com/z3hFG1TXo6
— Eric Daugherty (@EricLDaugh) May 1, 2025
The administration has made several moves to tighten enforcement mechanisms, including the use of emergency powers and immigration statutes to accelerate deportations.
The case could set the stage for a broader legal battle over the scope of presidential authority under the Alien Enemies Act and whether its provisions can be applied to modern immigration enforcement efforts outside the context of formal war.
Legal analysts note that Thursday’s ruling may influence how federal courts interpret the limits of executive power in immigration matters, especially when older statutes like the AEA are applied in contemporary contexts.
The judge’s ruling applies specifically to the individuals named in the case, but it may have broader implications for similar enforcement efforts along the southern border.
Further legal challenges are expected.
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