In a ruling that has surprised the judicial and political spheres in the United States, a federal judge appointed by Donald Trump determined that the former president illegally invoked the Foreign Enemies Act (AEA) to expedite the deportation of Venezuelan migrants allegedly linked to the criminal group Tren de Aragua.
The decision was issued by Judge Fernando Rodríguez of the Southern District of Texas, who concluded that the White House exceeded its authority by using an 18th-century law, originally designed for wartime, in a peacetime context, reported CNN.
"The government does not have the legal authority under the AEA to detain, transfer, or expel Venezuelan citizens based on the presidential proclamation," the judge wrote in his ruling.
He added that allowing the president to unilaterally define the conditions for applying this law "would remove all limitations on the Executive Power and nullify the role of the courts."
The Alien Enemies Act, enacted in 1798, allows for the detention and expulsion of citizens from enemy countries during armed conflicts. Trump invoked it in March to justify the swift deportation of Venezuelans accused of being involved in gangs, particularly members of Tren de Aragua, a criminal gang reported to operate in several countries across Latin America.
The administration attempted to deport several of these migrants to El Salvador, where at least two flights had already transported people to the high-security prison CECOT, one of the most controversial in the region.
The ruling by Rodríguez - a federal judge who was nominated by Trump on September 7, 2017, and confirmed by the Senate on June 5, 2018, with a unanimous vote of 96-0 - halts these transfers in his district and represents the first definitive decision on the legal basis of this policy, which could set an important precedent in courts across the country.
Lee Gelernt, attorney for the American Civil Liberties Union (ACLU) and part of the legal team that challenged the measure, hailed the decision: “The importance of this ruling cannot be overstated. It is the first court to directly rule on whether an authority used in times of war can be applied in times of peace, and concluded that it cannot.”
Although the affected migrants remain in custody in Texas, the judge clarified that they can be processed under other existing immigration laws, but not under the AEA.
The federal government has not yet announced whether it will appeal the decision, but the ruling complicates former President Trump's intention to use extreme legal tools to toughen his immigration policy in a potential new administration.
Frequently Asked Questions about the Ruling Against the White House and the Foreign Enemies Act
Why did Judge Fernando Rodríguez rule against Trump's use of the Foreign Enemy Act?
Judge Fernando Rodríguez concluded that the White House exceeded its authority by using the Foreign Enemies Act (AEA) in a peacetime context. According to the judge, this 18th-century law, designed for times of war, cannot be applied to deport Venezuelan citizens without an ongoing armed conflict. Allowing the president to unilaterally define the conditions for applying this law would eliminate the limitations on the Executive Branch and undermine the role of the courts.
What does Judge Rodríguez's ruling imply for the deportations of Venezuelan migrants?
The ruling halts the deportations of Venezuelan migrants under the Foreign Enemies Act in the district of Judge Rodríguez. The affected migrants remain in custody in Texas but must be processed under other existing immigration laws. This ruling represents the first definitive decision regarding the use of this law in peacetime and could set an important precedent in other courts across the United States.
How has the Foreign Enemies Act been historically used in the United States?
The Foreign Enemies Act has only been invoked a few times in the history of the United States, mainly during times of war. It was used during the War of 1812, World War I, and World War II to justify the detention and expulsion of immigrants from enemy nations. The use of this law in peacetime, as the Trump administration attempts to do, is unprecedented and highly controversial.
What legal actions has the American Civil Liberties Union (ACLU) taken against the Trump administration concerning deportations?
The ACLU has filed emergency appeals to halt deportations under the Foreign Enemies Act. They argue that these deportations violate due process and the fundamental rights of migrants. The organization has successfully sought intervention from the Supreme Court, which issued an order to temporarily stop the deportations while the case is resolved in higher courts.
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