Trump-appointed judge blocks 'unlawful' Alien Enemies Act deportations and sets up major legal battle
Source: Independent
The Trump administrations 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 Trumps 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 judges 36-page ruling.
The historical record renders clear that the presidents invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statutes 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

LetMyPeopleVote
(162,387 posts)underpants
(190,234 posts)Some little twerp at a think tank passed that on to Miller Im sure.
BumRushDaShow
(151,641 posts)but told the administration to provide some due process.
onenote
(45,174 posts)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 Courts order.
BumRushDaShow
(151,641 posts)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)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)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.
2naSalit
(96,616 posts)He probably coughed that one up himself, the hateful wretch.
highplainsdem
(55,659 posts)MayReasonRule
(3,269 posts)BumRushDaShow
(151,641 posts)in 3...2...1... (despite being an American citizen born in TX).
Quiet Em
(1,856 posts)
LetMyPeopleVote
(162,387 posts)CitizenZero
(920 posts)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)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)The Texas judges ruling is significant because it dealt head-on with the merits of the wartime law. Its not the last word on the issue.
https://bsky.app/profile/photoframd.bsky.social/post/3lo5gx4mso22b
Link to tweet
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alien-enemies-act-invocation-unlawful-rcna204232
The 1798 act was previously used only during declared wars. The text of the act says its 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 acts 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 Trumps proclamation, the judge said TdAs activities as described in the proclamation dont 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 Rodriguezs ruling if they agree with it, though they wouldnt 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, Rodriguezs decision doesnt 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.