Alien Enemies Act: Judge bars deportations of Venezuelans from South Texas under 18th-century wartime law

On Thursday, a federal judge prevented the Trump administration from deporting any Venezuelan from South Texas under the eighteenth century war law and said that President Donald Trump’s protest was “illegal.”

American Partial Court Judge Fernando Rodriguez Junior is the first judge to rule that the law of foreign enemies cannot be used against people who claim the Republican administration, they are members of a gang that invades the United States.

Note: The video is from a previous report.

“Neither the court nor the two parties doubt that the executive authority can direct the detention and removal of foreigners who participate in a criminal activity in the United States, but the judge said that the protest of the president through AEA through the declaration exceeds the scope of the statute and contradicts this edifice.

In March, Trump issued an advertisement claiming that the Venezuelan gang, Treen de Aragoa, was invading the United States, and said he had special powers to deport immigrants, which his administration has identified as gang members, without the usual court procedures.

“The court concludes that the president’s summons to AEA through the declaration exceeds the scope of the statute, and as a result, it is illegal,” Rodriguez wrote.

The law of foreign enemies was used only three times before in the history of the United States, the last of which was during World War II, when it was martyred to the trained Japanese Americans.

The advertisement sparked a wave of litigation, as the administration tried to charge the migrants who claimed to be members of the gang to a notorious prison in El Salvador.

Rodriguez’s rule is important because it is the first permanent judicial matter against the administration using AEA and confirms that the president misuse the law.

“The Congress was never intended to use this law in this way,” said Lee Gilrrent, the lawyer of the American Civil Liberties Union, who argued the case, in response to the ruling.

Rodriguez agreed, noting that the ruling was only used during the two global wars and the 1812 war. Trump claimed that Tree de Aragoa was behaving at the request of the Venezuelan government, but Rodriguez found that the activities accused by the administration did not amount to the extent of invasion or “respiratory cord”.

“The announcement does not indicate any threat from a group of individuals who enter the United States in the direction of Venezoz,” Rodriguez wrote. “Thus, the language of advertising cannot be read as describing the behavior that falls in the meaning of” conquest “for AEA purposes.”

If the administration appeals, you will first go to the Fifth Court of Appeal in New Orleans. This is among the most conservative appeals courts in the country and also ruled what it considered to be overcoming immigration issues by both Obama and Biden departments. In these cases, the democratic administrations sought to facilitate the survival of immigrants in the United States

The administration, as in other cases, defies its extensive view of the presidential authority, it can turn into the courts of appeal, including the US Supreme Court, in the form of an emergency proposal to resume appeal.

The Supreme Court was already weighing once on the issue of deportation under AEA. Judges saw the alleged migrants that they were members of gangs should give “reasonable time” to compete to remove them from the country. The court did not specify all the time.

It is possible for the losing side in the fifth district to submit an emergency appeal for the judges who also ask them to proceed with the short cases of the court in favor of a final ruling from the highest court in the country. Such a decision is likely to be months away, at least.

The Texas case is just one piece of intertwining of litigation that Trump’s advertisement raised.

ACLU initially lifted a suit in the country’s capital to prevent deportation. The American boycott judge issued James E. Later, the Supreme Court was weight.

Judges intervened again at the end of last month through an extraordinary order after the afternoon night, stopping the deportation from northern Texas, where the American Civil Liberties Union claimed that the administration is preparing for another round of flights to El Salvador.

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Ricardi mentioned from Denver. The Associated Press Lindsay, Whitharest and Mark Shermann contributed to this report.