Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

highplainsdem

(55,659 posts)
Thu May 1, 2025, 12:18 PM Yesterday

Trump-appointed judge blocks 'unlawful' Alien Enemies Act deportations and sets up major legal battle

Source: Independent

The Trump administration’s use of the Alien Enemies Act to summarily deport Venezuelan immigrants accused of being gang members “exceeds” the scope of the law and runs “contrary to the plain, ordinary meaning” of the wartime statute.

Texas District Judge Fernando Rodriguez, who was appointed by Trump himself, ruled on Thursday that the administration cannot rely on the 18th century law to detain and deport alleged Tren de Aragua members, which is “unlawful.”

The government does “not possess the lawful authority” under the Alien Enemies Act, based on Donald Trump’s proclamation invoking the law for the fourth time in U.S. history, “to detain Venezuelan aliens, transfer them within the United States, or remove them from the country,” according to the judge’s 36-page ruling.

“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,” he wrote.

-snip-

Read more: https://www.independent.co.uk/news/world/americas/us-politics/trump-federal-judge-deportations-alien-enemies-act-unlawful-b2743220.html



The judge's ruling is here:

https://storage.courtlistener.com/recap/gov.uscourts.txsd.2000771/gov.uscourts.txsd.2000771.58.0_1.pdf
16 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Trump-appointed judge blocks 'unlawful' Alien Enemies Act deportations and sets up major legal battle (Original Post) highplainsdem Yesterday OP
It has been clear to me from day 1 that the Alien Enemies Act did not apply LetMyPeopleVote Yesterday #1
I'm not a lawyer but I knew it was BS too underpants Yesterday #3
The problem is the SCOTUS wholsale "accepted" use of that law for deportations BumRushDaShow Yesterday #5
I believe you are mistaken. onenote Yesterday #10
"It appears that you're referring to the Garcia case." BumRushDaShow Yesterday #11
Respectfully, your post said the Supreme Court "accepted use of that law" onenote Yesterday #12
"the AEA as the basis for deportations wasn't "explicitly" the central issue in the Garcia case" BumRushDaShow Yesterday #14
To be fair... 2naSalit Yesterday #8
Same here. highplainsdem Yesterday #9
Newsweek Reporting Now As Well... MayReasonRule Yesterday #2
Reasons now being concocted to arrest and deport him BumRushDaShow Yesterday #4
Ha. I was just about to post something similar. Quiet Em Yesterday #7
The Alien Enemies Act clearly does NOT apply LetMyPeopleVote Yesterday #6
Righteous and Just Ruling CitizenZero Yesterday #13
This IS An Excellent Ruling... And Our Nation Is Not At War With A Foreign Enemy... I Agree... MayReasonRule Yesterday #15
Deadline: Legal Blog---Trump-appointed judge calls Trump's Alien Enemies Act invocation 'unlawful' LetMyPeopleVote Yesterday #16

LetMyPeopleVote

(162,387 posts)
1. It has been clear to me from day 1 that the Alien Enemies Act did not apply
Thu May 1, 2025, 12:21 PM
Yesterday

I am shocked that it has taken this long to get a ruling



underpants

(190,234 posts)
3. I'm not a lawyer but I knew it was BS too
Thu May 1, 2025, 12:27 PM
Yesterday

Some little twerp at a think tank passed that on to Miller I’m sure.

BumRushDaShow

(151,641 posts)
5. The problem is the SCOTUS wholsale "accepted" use of that law for deportations
Thu May 1, 2025, 12:30 PM
Yesterday

but told the administration to provide some due process.

onenote

(45,174 posts)
10. I believe you are mistaken.
Thu May 1, 2025, 02:00 PM
Yesterday

I'm not sure which Supreme Court case you are referring to.

It appears that you're referring to the Garcia case. However, the validity of the Alien Enemies Act proclamation was not an issue in that case. It wasn't mentioned in the complaint and the district court rightly noted it wasn't relevant since it was aimed at Venezuelan immigrants and Garcia is from El Salvador. The government has defended its removal of Garcia based on his being a member of MS-13, not the Venezuelan gang referenced in the AEA proclamation.

The AEA's validity has been raised in a case pending before the Supreme Court -- AARP v. Trump -- but in that case, the Court didn't reach the question, deferring to the Fifth Circuit to address it first. However, the Supreme Court, over dissents from Alito and Thomas, stated the following: "There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible. The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court. See 28 U. S. C. §1651(a). Justice Thomas and Justice Alito dissent from the Court’s order.

BumRushDaShow

(151,641 posts)
11. "It appears that you're referring to the Garcia case."
Thu May 1, 2025, 02:41 PM
Yesterday

Yes because that was the law they purportedly used to deport him.

And yes I understand that it wasn't "explicitly the central issue" of what was brought to them but they STILL waved away the INSTRUMENT of the deportation and proceeded to allow more delay.

And despite the rest of what you wrote, the administration have summarily ignored it and continue to round people up and send them away.

onenote

(45,174 posts)
12. Respectfully, your post said the Supreme Court "accepted use of that law"
Thu May 1, 2025, 02:52 PM
Yesterday

But "that" law --- the Alien Enemies Act -- was not addressed by or in issue in the Garcia case. It wasn't mentioned in the complaint, nor in the SCOTUS decision. It 's relevance was expressly disclaimed by the District Court. In short, the AEA as the basis for deportations wasn't "explicitly" the central issue in the Garcia case, it was expressly a non-issue.

Also, can you point me in the direction of a link stating that the government has continued to deport immigrants to el salvador based on the AEA subsequent to the Supreme Court's order that they not do so?

Now, if you had said that the Supreme Court had accepted the use of a different law for deportations, I would agree.

BumRushDaShow

(151,641 posts)
14. "the AEA as the basis for deportations wasn't "explicitly" the central issue in the Garcia case"
Thu May 1, 2025, 03:10 PM
Yesterday

And the minutia like that, along with the numbing of judges to what amounts to hyperbolic performances by trial lawyers in their courtrooms day after day after day, is what will be the downfall of this country.

BumRushDaShow

(151,641 posts)
4. Reasons now being concocted to arrest and deport him
Thu May 1, 2025, 12:27 PM
Yesterday

in 3...2...1... (despite being an American citizen born in TX).

 

CitizenZero

(920 posts)
13. Righteous and Just Ruling
Thu May 1, 2025, 03:04 PM
Yesterday

We are not at war and only the Congress can declare war. The Alien Enemies Act can not apply. This is a good ruling from the Judge.

MayReasonRule

(3,269 posts)
15. This IS An Excellent Ruling... And Our Nation Is Not At War With A Foreign Enemy... I Agree...
Thu May 1, 2025, 03:47 PM
Yesterday

We the patriots within our nation ARE AT WAR with the abject delusional depravity of the entirety of the wholly fascist GOP.

Every day. All day.

It's the only way we survive.

Here's to the restoration of our freedoms through the return of reason's rule!

LetMyPeopleVote

(162,387 posts)
16. Deadline: Legal Blog---Trump-appointed judge calls Trump's Alien Enemies Act invocation 'unlawful'
Thu May 1, 2025, 08:11 PM
Yesterday

The Texas judge’s ruling is significant because it dealt head-on with the merits of the wartime law. It’s not the last word on the issue.
https://bsky.app/profile/photoframd.bsky.social/post/3lo5gx4mso22b

Trump-appointed judge calls Trump’s Alien Enemies Act invocation ‘unlawful’. The Texas judge’s ruling is significant because it dealt head-on with the merits of the wartime law.



https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alien-enemies-act-invocation-unlawful-rcna204232

President Donald Trump’s invocation of the Alien Enemies Act has faced intense preliminary litigation in courts around the country, leading to rulings such as the Supreme Court’s insistence that people potentially subject to the act must receive due process. But a new and significant ruling from a Trump-appointed judge on Thursday gets to the heart of the matter, deeming the president’s invocation itself “unlawful.”

The 1798 act was previously used only during declared wars. The text of the act says it’s for “[w]henever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government.”.....

The Trump appointee reviewed the historical record from the time of the act’s passage and found that the terms “invasion” or “predatory incursion” are meant to refer to “an organized, armed force entering the United States to engage in conduct destructive of property and human life in a specific geographical area.” Applying that background to Trump’s proclamation, the judge said TdA’s activities as described in the proclamation don’t qualify under the act.

While this is just one ruling from one (Trump-appointed) judge in one district, it shows the difficulty the administration could face in ultimately prevailing before the Supreme Court on the merits of the issue. Other trial and appellate court judges around the country could also favorably cite Rodriguez’s ruling if they agree with it, though they wouldn’t be bound by it. Trial judges are bound by appellate rulings in their circuits, and all judges are bound by the Supreme Court. Rodriguez sits in the 5th U.S. Circuit Court of Appeals, the most conservative circuit, which would typically be the next step on the appellate chain if the government chooses to challenge the ruling.

In any event, Rodriguez’s decision doesn’t prevent the administration from using normal immigration authorities outside the rarely used act to carry out deportations.

The new ruling also underscores the illegality of the administration having already summarily removed people to El Salvador under the act and deposited them into a notorious prison there. Lawyers are also pressing to get them returned to the United States. And the ruling comes as the administration fights against returning Kilmar Abrego Garcia, a Salvadoran native who was also illegally deported to that country (albeit not under the Alien Enemies invocation).

The invocation of the Alien Enemies Act is not supported by the law and I am shocked that it has taken this long for a court to rule on this act. I saw that trump is appealing directly to SCOTUS and by passing the 5th Circuit. This will be fun to watch.
Latest Discussions»Latest Breaking News»Trump-appointed judge blo...