Federal judge rejects Trump-era bid to deport Venezuelans

What do you need to know?

• Federal Judge Fernando Rodriguez Jr. rejected the attempt to use the Alien Enemies Act to deport Venezuelans. The decision pertains to individuals linked with the Tren de Aragua organisation.
• The court's decision means that the Trump administration cannot use this act to deport Venezuelans. However, proceedings can continue under the Immigration and Nationality Act.
• The Supreme Court had previously blocked deportations under this act. Coaches carrying Venezuelans were en route to the airport from the detention centre in the Northern District of Texas.

Federal Judge Fernando Rodriguez Jr., appointed by Donald Trump, rejected the Trump administration's attempt to employ the Alien Enemies Act from 1798 to deport Venezuelans accused of belonging to the criminal organisation Tren de Aragua.

Rodriguez, operating in the Southern District of Texas, emphasised that although authorities have the right to detain and remove foreigners involved in criminal activity, the use of this act in this case exceeds its scope.

In his opinion, Rodriguez stated that the historical application of the Alien Enemies Act does not include a situation where the president could use it to deport members of Tren de Aragua. "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," Rodriguez wrote.

The Supreme Court had previously blocked deportations under this act when coaches carrying Venezuelans were en route to the airport from the detention centre in the Northern District of Texas.

The court's decision means that the Trump administration cannot use the Alien Enemies Act to deport, transfer, or remove Venezuelans, but can continue proceedings under the Immigration and Nationality Act (editor's note: the Immigration and Nationality Act). "The Court correctly held that the President lacks authority to simply declare there’s been an invasion of the United States and then invoke a 18th century wartime authority during peacetime," said Lee Gelernt from the ACLU, the leading lawyer representing the plaintiffs.

Rodriguez also granted class status to the lawsuit, signifying that the case affects all Venezuelans in the Southern District of Texas. This is the first occasion a federal judge has issued a summary judgment and assessed whether the Trump administration could use the Alien Enemies Act during peacetime.