Federal judge appointed by Trump refuses to use foreign enemy law in Venezuela deportation

WASHINGTON - A federal judge appointed by President Donald Trump on Thursday rejected the Trump administration's invocation of the Foreign Enemy Act of 1798 to expel Venezuela, which is said to be a member of the criminal group Tren de Aragya.

Fernando Rodriguez Jr., a U.S. District Judge for the Southern District of Texas.

But Rodriguez, who was nominated in Trump's first term, wrote that the question at the litigation center is whether Trump can use the Foreign Enemy Act to detain and evacuate a Venezuelan who argued that "historical records have brought the president through the declaration beyond statistical significance, which is statistically beyond statistical provisions and is against, and is against.

The Supreme Court stopped deportation in the Alien Enemy Act, when buses with Venezuelans headed to the airport from detention centers in northern Texas. Some on the bus said they were told they were destined to be in a prison in El Salvador, while others were told they were going to Venezuela, according to the wife of one of the detainees and the wives of two detainees representing other detainees at the facility.

Before Trump invoked Trump this year, the Alien Enemy Act was only cited during the War of 1812, World War I and World War II. In a March 15 announcement, Trump announced that Tren de Aragua is a designated terrorist organization that "continues, attempts and threatens to invade or predatory invasion of U.S. territory."

Rodriguez wrote in his 36-page view that the Trump administration’s use of “invasion” does not match the historical use of the term, which is often associated with military efforts or war. The court held that an “invasion” or “predatory invasion” must be “organized, armed forces, entering the United States, engaged in acts of destruction of property and human life in a specific geographical area” but “does not have to be a pioneer of actual war.”

Rodriguez also approved a petition for class status and wrote that the “special circumstances” of the case allow for the remedy because the lawsuit involves “legal issues that may prove to be inclined to all Venezuelan foreigners in the southern Texas area.

In the final judgment and permanent injunction, Rodriguez wrote that the government was permanently prohibited from using the Foreign Enemy Act to expel, transfer or deport, transfer or deport plaintiffs and other class members, but wrote that under the Immigration and State Act, they were prohibited from “appealing to dismissal procedures or other actions”.

Lee Gelernt, the lead attorney representing the plaintiff, pointed out that this is the first time a federal judge has issued a summary judgment and weighs whether the Trump administration can use the Alien Enemy Act in peacetime.

"The court rightly believes that the president lacks the power to simply declare a U.S. invasion and then invokes the 18th-century wartime mandate in peacetime," Gelent said. "Congress never means using the law in this way."

Julia Ainsley contribute.