The legal offensive of Donald Trump to tighten the immigration policy of the United States received a new and significant setback this Tuesday, when two judges blocked the use of the Alien Enemy Act (AEA).
CNN reported that there are now three federal judges positioned against the use of the Foreign Enemy Act as a tool to expedite the deportation of migrants, especially Venezuelans allegedly linked to the Tren de Aragua gang.
Blockade of the law by New York judge
Judge Alvin Hellerstein of the Southern District of New York issued a 22-page opinion stating that the government's use of the AEA violates the constitutional protections of due process granted to anyone within U.S. territory.
"The applicants have not been notified about what they allegedly did to join (the Aragua Train gang), when they joined, and what they did in the United States or elsewhere to share or promote the illicit objectives of the Aragua Train," wrote the magistrate.
Hellerstein also questioned the justification used by the Trump administration, which argues that the U.S. is facing an "invasion" of migrants.
The judge categorically responded that the situation does not meet the historical or legal requirements of the law, which has been used in wars such as the War of 1812 or World War II. "The Tren de Aragua may be involved in drug trafficking, but that is a criminal matter, not an invasion," he emphasized.
Additionally, Hellerstein reported that over 130 migrants were deported to El Salvador in March, rather than to their countries of origin, and were confined in the maximum security prison CECOT.
Blocking by a judge in Colorado
In Colorado, Judge Charlotte Sweeney, appointed by President Joe Biden, also blocked the use of the AEA.
In its ruling, presented in 25 pages, it indicated that Trump likely exceeded his authority by invoking a war law in a peace context.
In his opinion, there is no active military invasion by a foreign nation that justifies the invocation of this law in the United States to allow officials to summarily remove alleged members of the Venezuelan gang.
The first blockage to the use of the law was in Texas
These two rulings add to the judicial precedent established on May 2 by the judge Fernando Rodríguez Jr., of the Southern District of Texas, appointed by Donald Trump himself.
Rodríguez declared the use of the AEA illegal and stated that allowing the president to unilaterally apply this law "would eliminate all limitations on the Executive Power."
The White House has not announced whether it will appeal the decisions. However, the court rulings complicate President Trump's plans to expedite the deportations of a group of immigrants with alleged criminal records.
The Law of Foreign Enemies
The Foreign Enemies Act, enacted in 1798, allows for the detention and expulsion of citizens from enemy countries during armed conflicts.
Trump invoked it in January 2025 to justify the deportation of Venezuelans accused of belonging to criminal gangs. However, with three court rulings against it, this strategy faces increasing legal obstacles.
Lee Gelernt, attorney for the American Civil Liberties Union (ACLU), celebrated the decisions: "The importance of these rulings cannot be overstated. They conclude that a war authority cannot be used in times of peace."
Frequently Asked Questions about the Blocking of the Use of the Foreign Enemies Act in the United States
What is the Law of Foreign Enemies and why has it been blocked?
The Foreign Enemy Act allows for the detention and expulsion of citizens from enemy countries during armed conflicts. It has been blocked by several federal judges who believe that its application in peacetime, as intended by the Trump administration, exceeds government authority and violates constitutional protections of due process.
Why was the deportation of Venezuelan migrants blocked under this law?
Federal judges blocked the deportation because they determined that the use of the Foreign Enemies Act in this context does not meet legal requirements. They also argued that the migrants did not receive due process, as they were not properly notified nor allowed to contest their designation as foreign enemies.
How does this blockade affect Donald Trump's immigration policy?
This blockade represents a serious obstacle for the Trump administration, which sought to use the Foreign Enemies Act to expedite the deportations of Venezuelan migrants accused of belonging to criminal gangs. Judicial decisions restrict Trump's ability to implement extreme measures in his immigration policy.
What are the implications of declaring the Tren de Aragua as a terrorist organization?
The designation of the Tren de Aragua as a terrorist organization allows the United States to impose harsher sanctions and take tougher action against its members. This includes the detention and deportation of those deemed part of this organization, although judicial decisions have raised questions about the process used for these actions.
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