Federal Judge Rejects Trump’s Use of Wartime Law to Deport Alleged Venezuelan Gang Members

A federal judge in Texas has declared that President Donald Trump’s use of an obscure wartime law to deport alleged Venezuelan gang members is “unlawful.”

The decision, handed down by District Judge Fernando Rodriguez, a Trump appointee, has blocked any deportations from his southern Texas district of alleged members of the Tren de Aragua (TdA) gang using the 1798 Alien Enemies Act (AEA).

The AEA, a law dating back to the 18th century, grants the President the authority to deport non-citizens deemed to be enemies of the United States during times of war. However, Judge Rodriguez ruled that the Trump administration’s invocation of this law to deport alleged TdA gang members was an overreach of executive power and a violation of due process.

The TdA gang, which originated in Venezuela, is accused of being involved in various criminal activities, including murder, extortion, and human trafficking.

The Trump administration had argued that the gang’s presence in the United States posed a national security threat, justifying the use of the AEA to deport alleged members without providing them with the usual due process protections.

However, Judge Rodriguez disagreed, stating that the administration had failed to provide sufficient evidence to justify the use of the AEA in this case.

The judge also noted that the law was intended to be used in times of war, and that the current situation did not meet this criteria.

The ruling is a significant setback for the Trump administration’s immigration policies, which have been marked by a series of controversial decisions and court challenges. The use of the AEA to deport alleged gang members has been widely criticized by human rights groups and immigration advocates, who argue that it undermines due process and the rule of law.