**Title:**
Federal Judge Blocks Trump’s Use of 1798 Law to Deport Venezuelan Gang Members
President Trump’s plan to deport violent Venezuelan gang members under a centuries-old law just hit a legal roadblock—but the court left one key door open.
Key Facts:
- U.S. District Judge Fernando Rodriguez Jr. ruled President Trump cannot use the Alien Enemies Act (AEA) to deport Venezuelan nationals.
- The AEA, passed in 1798, applies only during an “armed, organized attack,” according to the judge.
- The Trump administration cited Tren de Aragua, a violent Venezuelan gang labeled a terrorist group, as justification under the AEA.
- Rodriguez’s ruling declared the administration’s proclamation “unlawful” and outside the scope of the AEA.
- The judge allowed for future action if the administration can prove an “invasion” or “predatory incursion” as defined by the court.
The Rest of The Story:
Judge Fernando Rodriguez Jr. of the Southern District of Texas issued a ruling rejecting the Trump administration’s attempt to deport Venezuelan nationals under the Alien Enemies Act.
The administration claimed that members of the violent Tren de Aragua gang posed an “invasion” or “predatory incursion” against the U.S., but the court said that standard wasn’t met.
Rodriguez ruled that the AEA only applies during an actual armed attack or warlike incursion.
Since there was no evidence of an “armed, organized attack,” the court concluded that Trump’s executive proclamation exceeded legal authority.
However, Rodriguez noted the administration could return with evidence that fits the court’s definition of invasion.
🚨 JUST IN: Trump-appointed Federal Judge Fernando Rodriguez Jr. rules President Trump can NOT use the Alien Enemies Act to remove certain illegals – POLITICO
He says Trump violated the law by invoking it in the context in which he did.
This is madness. pic.twitter.com/z3hFG1TXo6
— Eric Daugherty (@EricLDaugh) May 1, 2025
Commentary:
This ruling represents yet another example of unelected judges standing in the way of the Executive Branch’s effort to defend America’s borders.
If a transnational terrorist gang from Venezuela operating within the U.S. doesn’t qualify as an invasion, what does?
President Trump is trying to carry out the will of the people by removing dangerous foreign criminals who threaten national security.
But judges like Rodriguez are blocking him at every turn.
These rulings tie the President’s hands and delay the lawful removal of foreign threats, all while American citizens bear the consequences.
The judge admitted that some of these questions are political and outside judicial review, yet still managed to insert himself into the decision-making process.
This back-and-forth weakens the clarity and authority of the Executive Branch and sets up a constitutional conflict between co-equal branches of government.
If this continues, President Trump may have no choice but to act independently of these lower court rulings.
Some have already suggested that, to protect the country and enforce immigration law, he may need to suspend habeas corpus for illegal aliens under emergency authority.
It’s a step no president wants to take.
But activist judges are leaving little choice.
They refuse to take seriously the real threats posed by foreign criminal organizations entering our country illegally.
If the courts don’t reverse course, they will be the ones responsible for forcing a constitutional crisis.
These judges need to rethink their role before they put the nation in even greater danger.
The Bottom Line:
A federal judge blocked the Trump administration’s attempt to use the Alien Enemies Act to deport members of a Venezuelan terrorist gang.
The court ruled that no “armed, organized attack” had occurred, but left open the chance for the administration to prove one.
As activist rulings pile up, pressure grows on President Trump to take stronger action to defend the border and enforce immigration law—before it’s too late.
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