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Judge Rules Trump Use of Alien Enemies Act for Gangs Is ‘Unlawful’

  • Senior Judge David Briones ruled on June 9, 2025, that President Trump's use of the Alien Enemies Act to expedite deportation of alleged Venezuelan gang members is unlawful in the Western District of Texas.
  • The ruling rejects Trump’s March 2023 executive order, which claimed that the Tren de Aragua gang, allegedly backed by the Venezuelan government, was carrying out an incursion into the United States—an allegation the court determined lacked legal basis.
  • Briones emphasized that the Alien Enemies Act, a wartime measure, requires an actual invasion or attack by a foreign country and due process, which the administration failed to provide to the migrants.
  • The 56-page ruling demands at least 30 days' notice before removal under the Act and prohibits its use against the plaintiff M.A.P.S., a Venezuelan woman who entered legally in April 2023 and was granted temporary protected status.
  • The decision restricts the government from transferring those detained in the Western District but allows the use of standard immigration laws, upholding migrants' due process rights and underscoring limits on presidential deportation power.
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President Donald Trump acted illegally when he issued an executive order applying an 18th-century law to alleged members of Venezuelan gangs to speed up his expulsion from the United States, a federal judge in El Paso ruled on Monday. “Under the Foreign Enemies Act, a president cannot unilaterally define what constitutes an invasion, summarily declare that a foreign nation or government has threatened or perpetrated a predatory invasion or incur…

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The Hill broke the news in Washington, United States on Thursday, May 1, 2025.
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