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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., prohibited the Trump administration from using an 18th-century wartime statute to remove Venezuelan individuals from the South Texas region.
  • This decision came after President Trump issued a March proclamation asserting that members of the Venezuelan group Tren de Aragua were entering the United States unlawfully and invoked special deportation authority under the Alien Enemies Act.
  • Rodriguez determined that the administration exceeded the legal boundaries of the Alien Enemies Act, a rarely invoked statute previously employed just a handful of times in U.S. History, most notably during World War II for the internment of Japanese-Americans.
  • Rodriguez acknowledged that it is undisputed that the Executive Branch has the authority to detain and remove noncitizens involved in criminal acts, but he ruled that the President’s use of the AEA in this case goes beyond what the law permits.
  • The ruling represents the first permanent injunction against using the Alien Enemies Act this way and suggests the administration cannot use it to deport Venezuelans without standard legal procedures.
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Forbes broke the news in United States on Thursday, May 1, 2025.
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