In a new legal setback for the president, a federal judge in South Texas has thwarted Donald Trump’s plan to deport Venezuelan gang members, ruling against using the Alien Enemies Act (AEA) for such purposes.
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The decision ignites a constitutional debate on the limits of executive power.
Judge Fernando Rodriguez Jr., a Trump appointee, decided on May 1, 2025, that deporting Venezuelans under the Alien Enemies Act was “unlawful” and improperly invoked.
The Act, designed during times of war, permits the removal of non-citizens in war or invasion situations.
Historically, it was used during World War I and II and the War of 1812.
President Trump attempted to deport members of the Tren de Aragua gang, citing “irregular warfare.”
However, Judge Rodriguez noted the Act pertains to circumstances involving an “organized, armed attack,” which does not reflect the current reality.
The Trump administration’s plan to deport these individuals to a jail in El Salvador faced legal rejection.
The judge emphasized that relying on presidential authority in this way contradicts the Act’s “plain, ordinary meaning” and exceeds its intended scope.
The ruling concludes the federal government cannot use the AEA to detain or deport these specific Venezuelans.
“Allowing the President to unilaterally define the conditions when he may invoke the AEA, and then summarily declare that those conditions exist, would remove all limitations to the Executive Branch’s authority under the AEA, and would strip the courts of their traditional role of interpreting Congressional statutes to determine whether a government official has exceeded the statute’s scope. The law does not support such a position,” Judge Rodriguez ruled, cited by ABC News.
The implications are significant, with concerns about unchecked executive authority and the necessity of judicial oversight.
The ruling sets a precedent, marking the first time a federal judge has declared using the AEA in this manner as unlawful.
Rodriguez affirmed that courts play a crucial role in upholding the law, challenging any attempt to bypass legal processes.
Given that the ruling applies only to AEA-based deportations, the decision does not interfere with deportations under the Immigration and Nationality Act.
The implications of this ruling ripple through legal and political circles, questioning President Trump’s approaches to immigration policies.
Judge rules Trump use of Alien Enemies Act for gangs is ‘unlawful’: https://t.co/lHwjutVReR
— WOOD TV8 (@WOODTV) May 1, 2025
The possibility of an appeal looms, potentially escalating the case to the conservative 5th U.S. Circuit Court of Appeals.
Judge Rodriguez indicates that the Trump administration’s allegations about Tren de Aragua’s governmental ties lack evidence of military invasion or attack.
This aspect further complicates the administration’s narrative, prompting broader litigation spearheaded by organizations like the ACLU.
While the battle over the AEA’s scope continues, the Supreme Court’s role remains pivotal. It recently lifted an injunction on AEA deportations but insisted on due process for those detained.
