‘Broke The Law’: Judge Shreds Trump’s ‘Unlawful’ Use of Wartime Act for Mass Deportation in Blistering Ruling

Staff Writer
President Donald Trump. (File photo)

A federal judge has ruled that President Donald Trump broke the law by trying to use an old wartime statute to deport hundreds of Venezuelan men from Texas to a prison in El Salvador.

In a sharp rebuke, U.S. District Judge Fernando Rodriguez Jr. said the Alien Enemies Act (AEA) doesn’t give the president the power to target people just because they’re accused of gang ties. “Trump’s invocation exceeds the scope of the statute and, as a result, is unlawful,” the judge wrote.

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The Trump administration had claimed that alleged members of the Venezuelan gang Tren de Aragua (TdA) posed an “invasion” threat to the United States. But Rodriguez said that argument doesn’t hold up. He made clear the law can only be used in the case of a real military-style attack.

“The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control,” he said.

Trump’s order also claimed the gang had committed crimes in the U.S., but the judge pointed out that the administration offered no proof of an armed incursion or a Venezuelan-backed operation. “The Proclamation also falls short of describing a ‘predatory incursion,’” he added.

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This decision blocks the use of the AEA for deportations in South Texas and deals a major blow to one of Trump’s most aggressive immigration tactics since returning to office. The administration had already deported over 100 men to a high-security prison in El Salvador. Many were accused based on tattoos alone and given no chance to challenge the accusations.

The American Civil Liberties Union, which brought the lawsuit, called the ruling a “crucial win” for immigrant rights. The judge also agreed to treat the lawsuit as a class action, meaning all affected migrants in the region are covered.

Rodriguez’s ruling is the first final decision on the AEA under Trump, although several judges have temporarily blocked the policy in other areas. The case could now head to the Supreme Court, which is considering whether to allow Trump’s mass deportations to resume.

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The Alien Enemies Act was passed in 1798 and has only been used three times in U.S. history — during the War of 1812, World War I, and World War II, most notoriously to justify the internment of Japanese Americans. The ACLU argued the law only applies during wartime. While Rodriguez didn’t go that far, he made it clear Trump’s use of the act is legally baseless.

The judge also dismissed the idea that Trump can decide on his own when and how to apply the law without court oversight. “The law does not support such a position,” Rodriguez wrote.

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