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

  • On May 1, 2025, a federal judge in South Texas prevented the Trump administration from removing Venezuelan individuals using the 18th-century Alien Enemies Act.
  • This decision came after President Trump’s March proclamation accused the Tren de Aragua group from Venezuela of unlawfully entering the United States and invoked a historical law to deport alleged suspects without standard judicial procedures.
  • Rodriguez’s decision highlights that while the Executive Branch may remove aliens engaged in criminal activity, the president’s use of the Alien Enemies Act exceeds the statute’s scope and plain meaning.
  • The law, used only three times before mostly during World War II to intern Japanese-Americans, had never before faced a permanent injunction blocking its application against gang members in the U.S.
  • This injunction sets a significant precedent that challenges the administration’s interpretation and restricts its authority to deport immigrants under the Alien Enemies Act in this manner.
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Forbes broke the news in United States on Thursday, May 1, 2025.
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