A federal judge on Thursday ruled that President Donald Trump’s use of the 1798 Alien Enemies Act to deport suspected Venezuelan gang members is unlawful and barred the government from deporting alleged gang members in southern Texas.
In a 36-page order that sided with plaintiffs against the Trump administration, U.S. District Judge Fernando Rodriguez Jr. said that deporting Venezuelan nationals accused of being gang members to El Salvador, under the Act, is against the law.
“The Court concludes that the President’s invocation of the AEA (Alien Enemies) through the Proclamation exceeds the scope of the statute and, as a result, is unlawful. Respondents do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country,” he wrote….