Trump-Appointed Federal Judge Blocks Use of Alien Enemies Act for Venezuelans in South Texas
Brownsville, Texas – May 1, 2025
A Trump-appointed federal judge has delivered a significant blow to the Trump administration’s immigration enforcement strategy, permanently blocking the use of the Alien Enemies Act of 1798 to detain or deport Venezuelans in the Southern District of Texas. U.S. District Judge Fernando Rodriguez Jr. ruled that the administration’s invocation of the 18th-century wartime law “exceeds the scope” of its intended purpose, marking the first time a federal judge has declared President Donald Trump’s use of the act unlawful.
The decision, issued on Thursday, stems from a legal challenge brought by the American Civil Liberties Union (ACLU) and the ACLU of Texas on behalf of three Venezuelan men detained at the El Valle Detention Center in Raymondville, Texas. The Trump administration had invoked the Alien Enemies Act on March 15, 2025, to expedite the deportation of alleged members of Tren de Aragua, a Venezuelan gang designated by the administration as a foreign terrorist organization. The proclamation claimed the gang’s activities constituted an “invasion” or “predatory incursion” against the United States, justifying rapid deportations without due process.
In a 36-page opinion, Judge Rodriguez rejected the administration’s argument, stating that Tren de Aragua’s actions did not meet the legal threshold of an “invasion” or “organized armed attack” required by the Alien Enemies Act. “The court concludes that as a matter of law, the executive branch cannot rely on the A.E.A., based on the proclamation, to detain the named petitioners and the certified class, or to remove them from the country,” Rodriguez wrote. The ruling applies only to the Southern District of Texas, which includes Houston, Brownsville, and Laredo, but could influence similar cases nationwide.
The Alien Enemies Act, last used during World War II to intern noncitizens of Japanese, German, and Italian descent, allows the president to detain or deport nationals of an enemy nation during wartime or an invasion. Trump’s unprecedented peacetime application of the law targeted Venezuelans aged 14 and older, alleging gang affiliations often based on questionable evidence, such as tattoos or clothing. The ACLU argued that the administration’s approach violated due process and mischaracterized Tren de Aragua as a “hybrid criminal state” equivalent to a foreign government.
“Whether or not you’re a gang member, the Alien Enemies Act cannot be used under these circumstances,” the ACLU stated in court filings, emphasizing that the law is a military authority inapplicable to peacetime gang activity. The plaintiffs, including a tattoo artist who claimed he was misidentified as a gang member, feared persecution or death if deported to El Salvador’s notorious CECOT mega-prison, where at least 137 Venezuelans were sent on March 15.
The ruling follows a series of judicial interventions. On March 15, U.S. District Judge James Boasberg temporarily blocked deportations under the act, ordering planes carrying 261 deportees to return, though the administration claimed the flights were already outside U.S. airspace. The Supreme Court, in a 5-4 decision on April 7, allowed deportations to resume but mandated due process, including notice and habeas corpus petitions. Subsequent temporary blocks were issued in New York, Colorado, and other Texas districts, but Rodriguez’s permanent injunction is the most expansive to date.
The Trump administration, which has deported over 250 Venezuelans under the act, is expected to appeal. White House Press Secretary Karoline Leavitt defended the policy, stating, “We acted within the confines of the law and are wholly confident we will win this case in court.” Critics, including Rep. Ilhan Omar, who has reintroduced legislation to repeal the Alien Enemies Act, argue it risks targeting innocent immigrants and reviving historical injustices like WWII-era internments.
Immigration advocates hailed the ruling as a victory for due process. “This decision sends a clear message that the Trump administration cannot bypass constitutional protections,” said Lee Gelernt, lead ACLU attorney. However, the administration’s broader immigration crackdown, including executive orders declaring a border emergency and deploying troops, remains unaffected.
The case highlights ongoing tensions between Trump’s aggressive immigration agenda and judicial oversight. With similar lawsuits pending in other districts, the Alien Enemies Act’s role in modern immigration policy continues to spark debate. A hearing to address related challenges is scheduled for May 10 in Brownsville.
Sources: NPR, The New York Times, Reuters, CBS News, ABC News