Trump-appointed judge halts deportation of gang members under Alien Enemies Act

 May 2, 2025, NEWS

A Trump-appointed federal judge has issued a significant ruling affecting the administration's recent immigration enforcement strategy.

According to The Daily Caller, Judge Fernando Rodriguez Jr. permanently blocked the administration from using the Alien Enemies Act to deport members of the Venezuelan Tren de Aragua gang, declaring the March 15 proclamation "unlawful."

The ruling centers on the interpretation of what constitutes an "invasion" under the historic statute. Judge Rodriguez determined that the administration's attempt to classify gang activity as an invasion exceeds the scope of the law, which historically only applied to organized armed forces entering the United States with intent to attack.

Legal interpretation sparks deportation debate

Judge Rodriguez emphasized that the statute's historical context specifically refers to armed forces entering the country for hostile purposes. His ruling clarified that while gang members may engage in criminal activities, their actions do not meet the legal threshold of an organized armed attack.

The administration's March proclamation targeted members of the Venezuelan Tren de Aragua gang, citing threats to public safety. However, the judge found that criminal activity alone does not qualify under the AEA's definition of invasion.

Rodriguez specifically addressed the distinction between general criminal activity and armed invasion, noting that the proclamation failed to demonstrate that gang members were conducting organized military operations.

Supreme Court intervention raises questions

The case gained national attention when the Supreme Court took unprecedented action, issuing a late-night order on April 19 to temporarily halt the deportations. This move prompted criticism from Justice Samuel Alito, who expressed concern about bypassing standard procedures.

In his dissenting opinion, Justice Alito questioned the urgency of the court's intervention before lower courts could fully address the matter. The unusual timing and procedure of the Supreme Court's action highlighted the case's significance.

The late-night ruling demonstrated the judiciary's willingness to intervene quickly in matters of immigration enforcement, even when it means departing from traditional protocols.

Executive branch retains deportation authority

The judge clarified that his ruling does not strip the executive branch of its power to remove dangerous individuals from the country. He emphasized that traditional deportation mechanisms remain available through the Immigration and Nationality Act.

Law enforcement agencies can continue to target and remove gang members who pose threats to public safety. The ruling specifically addresses the misapplication of the Alien Enemies Act rather than broader immigration enforcement powers.

Rodriguez noted that the executive branch maintains substantial authority to protect national security through existing immigration laws and regulations.

Presidential powers face new limitations

The Trump administration's attempt to expand the use of the Alien Enemies Act represents a significant shift in immigration enforcement strategy that encountered judicial resistance. Judge Rodriguez, despite being a Trump appointee, determined that the executive branch had overstepped its authority in interpreting the historic statute. The ruling establishes clear boundaries for the use of the Alien Enemies Act, limiting its application to traditional military invasions rather than criminal activities. This interpretation aligns with historical precedent while preserving other mechanisms for addressing gang-related threats.

About Robert Cunningham

Robert is a conservative commentator focused on American politics and current events. Coverage ranges from elections and public policy to media narratives and geopolitical conflict. The goal is clarity over consensus.
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