In a significant legal development, a federal judge has permanently enjoined the Trump Administration from utilizing the Alien Enemies Act (AEA) to deport Venezuelan gang members to El Salvador.
This decision, rendered by U.S. District Judge Fernando Rodriguez, a Trump appointee, marks a critical examination of the administration's interpretation of the AEA. Judge Rodriguez deemed the Presidents application of the AEA as "unlawful," emphasizing that the statute is applicable solely when the United States is engaged in war or under armed attack.
As reported by Gateway Pundit, Judge Rodriguez articulated that the administration's actions exceeded the statutory limits, stating, The Proclamation exceeds the scope of the statute and, as a result, is unlawful. He further clarified that administration officials do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country. This ruling underscores the judiciary's role in checking executive power, particularly when it involves the invocation of wartime statutes during peacetime.
The Associated Press highlighted that Judge Rodriguezs decision is the first to assert that the Alien Enemies Act cannot be wielded against individuals the administration identifies as gang members infiltrating the United States. The judge acknowledged the executive branch's authority to manage aliens involved in criminal activities but criticized the overreach in applying the AEA, noting, the Presidents invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statutes terms.
In a related case, U.S. District Judge David Briones, appointed by President Clinton, recently halted the deportation of two suspected members of the Tren de Aragua gang under the same statute. Judge Briones ordered the release of Julio Cesar Sanchez Puentes and Luddis Norelia Sanchez Garcia, who had been detained despite having been granted temporary protected status (TPS) by the Biden Administration. The couple, apprehended at the El Paso airport, had entered the U.S. from Mexico in 2022. Judge Briones criticized the Department of Justice, stating they have not demonstrated they have any lawful basis for the couple's detention.
Judge Briones further commented on the broader implications of the administration's actions, asserting, There is no doubt the Executive Branchs unprecedented peacetime use of wartime power has caused chaos and uncertainty for individual petitions as well as the judicial branch in how to manage and evaluate the Executives claims of Tren de Aragua membership, and the invocation of the Alien Enemies Act as a whole. His ruling extends to all illegal aliens facing deportation under the AEA within his jurisdiction in Texas.
This judicial pushback is part of a broader trend, with similar rulings emerging from federal judges in New York, Colorado, and South Texas. These decisions collectively challenge the administration's strategy of employing an 18th-century wartime law to address contemporary immigration and security concerns, highlighting the ongoing tension between executive authority and judicial oversight.
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