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Trump cannot use Alien Enemies Act to deport Venezuelans, judge rules

  • On May 1, 2025, a U.S. Federal judge, Fernando Rodriguez Jr., blocked the Trump administration’s effort to remove Venezuelan nationals from South Texas by invoking a centuries-old wartime statute.
  • The ruling came after President Donald Trump issued a March proclamation alleging that members of the Venezuelan group Tren de Aragua were entering the U.S. Illegally and invoked special authority to deport certain immigrants without standard judicial review.
  • Judge Rodriguez ruled that the administration improperly applied the Alien Enemies Act, a law that has rarely been invoked in U.S. History and was most notably employed during World War II to detain Japanese-Americans.
  • Rodriguez acknowledged that both the Court and the involved parties accept the Executive Branch's authority to detain and deport individuals involved in criminal conduct within the United States; however, he ruled that the President's application of the statute goes beyond what the law permits.
  • The permanent injunction marks the first formal judicial block on the administration's use of the Alien Enemies Act, indicating the president misused this law to deport Venezuelans claimed as gang members.
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Forbes broke the news in United States on Thursday, May 1, 2025.
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