Trump-Appointed Judge Calls Administration’s Use of Alien Enemies Act To Deport Migrants ‘Unlawful’

A federal judge in Texas who was nominated to the bench by President Trump in 2018 is now blocking the deportation of several Venezuelan nationals because he says the invocation of the Alien Enemies Act for the purpose of deportations is “unlawful.” The judge makes clear that his ruling is narrow, and does not affect the president’s ability to carry out deportation via other methods.Judge Fernando Rodriguez of the southern district of Texas issued his ruling on Thursday morning, saying that the president did not have the authority to unilaterally invoke a law intended to be used during times of war. He was nominated to the bench by Mr. Trump during his first term, and was confirmed unanimously by the Senate. The lawsuit was brought by three Venezuelan nationals who sued after they were set to be deported. All three were accused by immigration officials of being members of the Tren de Aragua gang, though they have denied any such involvement. They are the lead plaintiffs in the case and represent hundreds more who were subject to deportation under the Alien Enemies Act. Judge Rodriguez pointed out that while the government has the right to deport violent criminals, in this case it has failed to prove that the men are in any way affiliated with the gang. Two of the men told the government they were legally seeking asylum in the United States, while the third was living with his wife in New York. The three men and the other Venezuelans who have signed on to the case have now been granted their petition for a writ of habeas corpus, allowing them to proceed with legal challenges to their detentions. They will not be released from detention in the meantime. “The question that this lawsuit presents is whether the President can utilize a specific statute, the AEA, to detain and remove Venezuelan aliens who are members of TdA. As to that question, the historical record renders clear that 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,” Judge Rodriguez writes in his decision. “The Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful,” he says. “Respondents 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.”Judge Rodriguez explained, however, that he is not attempting to usurp the president’s immigration enforcement authorities, which is what other judges have been accused of by Trump administration officials. The judge explains that his ruling deals only with the president’s use of the Alien Enemies Act to deport Venezuelan nationals. “Neither the Court nor the parties question the Executive Branch’s authority and responsibility to enforce federal laws and, along with local law enforcement agencies, to protect the nation’s population. 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,” Judge Rodriguez says. “The Executive Branch has and will continue to rely on the Immigration and Nationality Act to remove aliens found to represent a danger to the country,” he declares.

Trump-Appointed Judge Calls Administration’s Use of Alien Enemies Act To Deport Migrants ‘Unlawful’

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