In a setback to President Trump’s immigration enforcement strategy, a federal judge has struck down the administration’s use of the centuries-old Alien Enemies Act to expedite the deportation of Venezuelan nationals, including suspected gang members affiliated with the notorious Tren de Aragua cartel.
U.S. District Judge Fernando Rodriguez Jr., a Trump appointee, issued a permanent injunction halting the administration’s application of the 1798 law, which was invoked to streamline removals of foreign nationals deemed national security threats. The administration had argued that Tren de Aragua’s coordinated criminal activity at the southern border constituted an “invasion” under the terms of the law, which permits the president to act against nationals of enemy nations during wartime or invasion.
However, Judge Rodriguez ruled that no formal state of war or declared invasion exists and that the use of the Alien Enemies Act under current conditions exceeds executive authority. The ruling effectively blocks the administration from continuing deportations under the law in South Texas, where over 130 Venezuelans had already been removed in recent months.
According to court documents, some of the deported individuals had been denied the chance to contest accusations of gang affiliation. Critics of the administration’s approach, including progressive legal groups, claimed the expedited process lacked adequate due process protections.
The American Civil Liberties Union, which led the legal challenge, hailed the ruling as a victory, claiming it reaffirmed constitutional protections. Conservative critics, however, argue the decision ties the administration’s hands amid a growing crisis at the southern border, where transnational gangs and cartel-linked operatives continue to exploit immigration loopholes.
Trump allies point to the Alien Enemies Act as a tool uniquely suited for addressing emerging threats posed by foreign criminal organizations acting within U.S. borders, and argue the law’s flexibility is needed given the evolving nature of modern threats.
“This wasn’t about political theater,” one DHS official noted. “This was about protecting American communities from foreign actors who’ve turned illegal immigration into a criminal enterprise.”
The Trump administration has not yet said whether it will appeal the decision, but sources indicate legal options remain on the table as the White House continues to push forward with a broad agenda aimed at dismantling sanctuary policies, securing the border, and restoring control over immigration enforcement.