Trump-appointed judge rules using Alien Enemies Act for deportations is unlawful
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President Trump at the White House on April 29. Photo: Win McNamee/Getty Images
A federal judge ruled Thursday that the Trump administration unlawfully cited the Aliens Enemies Act in deporting alleged Venezuelan gang members to El Salvador.
The big picture: The decision from the Trump-appointed judge is a blow to the administration, which has faced legal challenges for invoking the 18th-century wartime law to quickly carry out deportations.
- The administration has argued that invoking the Alien Enemies Act allows it to deport undocumented immigrants with little or no due process.
Driving the news: U.S. District Judge Fernando Rodriguez, Jr. ruled that the administration exceeded its lawful authority under the Alien Enemies Act to detain and deport the Venezuelans.
- "Allowing the President to unilaterally define the conditions when he may invoke the AEA, and then summarily declare that those conditions exist, would remove all limitations to the Executive Branch's authority under the AEA," the judge wrote.
- It would also "strip the courts of their traditional role of interpreting Congressional statutes to determine whether a government official has exceeded the statute's scope," he added. "The law does not support such a position."
- The White House did not immediately respond to Axios' request for comment.
Catch up quick: In March, the Trump administration defied a federal judge's court order that barred the deportation of about 250 people the government claims are Tren de Aragua gang members.
- The administration claimed the two deportation flights, which were not turned around as per the judge's order, had taken off before the judge's written order came through and were justified under the Alien Enemies Act.
- Following lower court rulings, the Supreme Court last month allowed the administration to resume use of the Alien Enemies Act to deport alleged Venezuelan gang members to El Salvador. But the court ruled that the government has to give deportees "reasonable time" to challenge their removal in court before leaving the country.
Editor's note: This is a breaking news story. Please check back for updates.
