Federal judge appointed by Trump prevents use of foreign enemies bills in South Texas Venezuelans: NPR

17 members of Venezuela, Tren de Aragua Gang and MS-13 gang members were deported to El Salvador, El Salvador, USA on March 31, 2025. El Salvador Press Presidential Office/Anadolu via Getty Images Closed subtitles

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El Salvador Press Presidential Office/Anadolu via Getty Images

A federal judge in Texas ruled Thursday that President Trump's use of the Foreign Enemy Act (AEA) to detain and detain immigrants from Venezuelans is "illegal."

Trump-appointed U.S. District Judge Fernando Rodriguez (Jr).

government, He ruled,No Have legal authority under the AEA and based on a declaration, to detain Venezuelan foreigners, transfer them to the United States, or remove them from the country. ” This Texas case According to the American Civil Liberties Union, the threat of impending dismissal under the Foreign Enemy Act is under the Foreign Enemy Act. They are accused of being a member of the Venezuelan gang Tren de Aragua. They are still being held in El Valle Detention Center in Raymondville, Texas.

The judge's decision covers southern Texas, which includes Brownsville, McAllen and Houston.

Other courts have tried to prevent the Trump administration from expelling anyone under the bill. But this is the first time a judge has ruled that the bill cannot be used with people suspected of invading the United States.

"The court ruled that the president could not unilaterally declare an invasion of the United States and invoke wartime authorities during peacetime periods," Lee Gelernt, a lawyer for the American Civil Liberties Union and chief attorney for three Venezuelan plaintiffs, said in a statement. “This is a crucial decision that prevents more people from being sent to the infamous Cecot Prison (the highest security prison in El Salvador).

After extensive analysis of historical records, Judge Rodriguez concluded in his ruling that when the Alien Enemy Act was enacted, the common meaning of “invasion” or “predatory inclusion” required a military invasion. He found that the criminal activities of members of Tren de Aragua described in the announcement, while harmful, did not constitute an "invasion" or "predatory invasion" as understood under the Act.

Judge Rodriguez wrote: "The declaration does not mention a threat to a organized, armed population, Venezuela's threat to conquer the country or to control a part of the state."

“So, while the court believes that an 'invasion' or 'predatory invasion' must involve an invasion of an organized armed force into the United States for the invasion of property and human life in a particular geographical area, that action does not have to be a prerequisite for actual war.”

The Department of Homeland Security did not immediately respond to a request for comment. If the Trump administration appeals the decision, it will be considered the Fifth Circuit Court of Appeals, which is considered one of the most conservative courts in the country. The case may eventually go to the U.S. Supreme Court.

President Trump Announcement in March Accused Tren de Aragua of “invasion or predatory invasion or predatory invasion” of U.S. territory.

"(Tren de Aragua) is taking hostile action and conducting irregular wars against U.S. territory in the secret or other direction of the Maduro regime in Venezuela," Trump wrote in the announcement.

Trump uses this behavior Delete more than 130 Venezuelans Go to the highest security prison in El Salvador. The government accused everyone of being Tren de Aragua, but not everyone has a criminal record.

The Texas lawsuit is one of several court cases sparked by Trump's announcement and his administration's actions.

In late March, three judges panels of the U.S. DC Circuit Court of Appeals Uphold federal judge James Boasberg's ruling And a 2-1 vote denied the use of the White House against the Administration. Former President Barack Obama appointed Judge Patricia Millett cited alleged gang members’ chances of litigating the case.

"The government's dismissal plan denies the spreading thread of plaintiffs and even due process," Millett wrote in a statement of agreement.

The Supreme Court has ruled that the Trump administration can remove immigrants under the Foreign Enemy Act, but warns. Immigrants allegedly members of the gang must have “reasonable time” to challenge their evacuation from the country. The High Court did not specify a length of time.