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American Focus > Blog > World News > Judge bars deportations of Venezuelans under 18th-century wartime law
World News

Judge bars deportations of Venezuelans under 18th-century wartime law

Last updated: May 1, 2025 12:12 pm
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Judge bars deportations of Venezuelans under 18th-century wartime law
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By NICHOLAS RICCARDI, Associated Press

A federal judge issued a ruling on Thursday that prohibited the Trump administration from deporting Venezuelans from South Texas under the Alien Enemies Act, an 18th-century wartime law. The judge, U.S. District Court Judge Fernando Rodriguez Jr., deemed President Donald Trump’s use of the Act as “unlawful.” This marks the first time a judge has declared that the Alien Enemies Act cannot be applied to individuals accused of being gang members invading the U.S. by the current administration.

In his ruling, Judge Rodriguez stated, “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.” The proclamation issued by Trump in March claimed that the Venezuelan gang Tren de Aragua was invading the U.S. and granted special powers to deport immigrants identified as gang members without standard court proceedings.

This ruling is significant as it represents the first formal permanent injunction against the administration’s use of the Alien Enemies Act and challenges the misuse of the law by the President. The judge noted that the Act has historically been invoked only during wartime situations and found that the activities attributed to Tren de Aragua did not meet the threshold of an invasion as required by the statute.

Should the administration choose to appeal, the case would likely be brought before the 5th U.S. Circuit Court of Appeals, known for its conservative stance on immigration matters. The Supreme Court has previously addressed issues related to deportations under the Alien Enemies Act, emphasizing the right of migrants to contest their removal from the country.

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The ongoing legal battle surrounding Trump’s proclamation has sparked a series of court interventions, including temporary holds on deportations and orders to halt removals to El Salvador. The complexity of the case underscores the broader debate over presidential powers and immigration policies in the United States.

Riccardi reported from Denver. Associated Press writers Lindsay Whitehurst and Mark Sherman contributed to this report.

Originally Published: May 1, 2025 at 12:53 PM MDT

TAGGED:18thCenturyBarsdeportationsJudgelawVenezuelansWartime
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