USA

Trump Rejected – His Own Judge Put His Foot Down

For the first time, use of the Alien Enemies Act is declared illegal.

Mikkel Preisler
By Mikkel Preisler 1. April 2025

A remarkable ruling was handed down in Texas this week. Fernando Rodriguez Jr., a federal judge appointed by Donald Trump, declared that the president had unlawfully invoked the Alien Enemies Act — a law from 1798 — to deport alleged members of the Venezuelan gang Tren de Aragua.

The ruling means Trump cannot use this particular law in the Southern District of Texas to detain or deport the Venezuelan men involved in the case.

This is the first time a judge has found that a president overstepped his bounds in using this specific statute, which was originally intended for wartime situations.

Alien Enemies Act – A Law from Another Era

In March, the Trump administration turned to the old law to accelerate the deportation of foreigners they deemed a threat. According to the judge, this was a clear violation of the law’s original intent.

Rodriguez wrote in his ruling:
“The government does not have the legal authority under the Alien Enemies Act — or the relevant proclamation — to detain Venezuelan noncitizens, transfer them within the United States, or remove them from the country.”

He also warned of the danger in allowing the president to unilaterally define when such a law can be used, without judicial oversight.

A Rare Defeat – and a Potentially Groundbreaking Ruling

Although the use of the Alien Enemies Act has previously been challenged in the courts — even reaching the Supreme Court — this is the first time a court has made a definitive ruling on whether the law may be used in peacetime. And this time, the gavel came down hard.

Lee Gelernt from the ACLU, who led the case, said:
“This is the first court to squarely address the fundamental question of whether a wartime statute can be used in peacetime — and it rightly concluded that it cannot.”

Migrants Spared El Salvador’s Notorious Prison — For Now

The men who brought the lawsuit narrowly avoided being sent to the infamous CECOT prison in El Salvador — a facility known for its harsh conditions. Two planes carrying migrants had already been sent there in March, but the ruling prevented the same fate for these individuals.

Although the case represents a setback for Trump’s plans, it does not necessarily mean the migrants will go free. Other immigration laws may still be applied — and the men remain in custody at a facility in southern Texas.

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