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Trump Invoking Alien Enemies Act Was Unlawful, Rules Judge

Secretary Kristi Noem travelled to Guantanamo Bay and transported murderers & vicious gang members out of American streets on February 6, 2025 / Via @Sec_Noem

A federal judge on Thursday blocked the Trump administration from using a centuries-old wartime law to deport Venezuelan nationals to El Salvador, calling the move “unlawful.” U.S. District Judge Fernando Rodriguez, Jr., a Trump appointee, ruled that the president improperly invoked the Alien Enemies Act of 1798, which allows for the removal of foreign nationals from hostile nations during wartime.

Trump had used the law to target alleged members of Venezuelan gang Tren de Aragua, claiming national security threats. But Rodriguez wrote that the Act only applies in cases of formal armed conflict or invasion, a threshold the administration had not met. “The Proclamation exceeds the scope of the statute,” the judge concluded, barring further detentions or deportations under the law.

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