Judicial Scrutiny Grows Over Trump Administration's Use of Alien Enemies Act

ICARO Media Group
Politics
16/05/2025 21h13

### Judges Skeptical of Trump Administration's Use of Alien Enemies Act for Deportations

Federal Judge Fernando Rodriguez Jr. recently ruled that using the Alien Enemies Act to deport migrants does not align with the historical meaning of "invasion." This decision emerged from his detailed research into historical documents, revealing that the Trump administration's actions are not consistent with the original intent of the 1798 statute.

Despite being appointed by President Trump in 2018, Judge Rodriguez examined correspondence from prominent figures like George Washington and Thomas Jefferson, concluding that the administration's interpretation of "invasion" misaligns with its historical context. This ruling adds to a growing judicial trend that questions the legality of using a wartime deportation authority against migrants.

The Trump administration had invoked the Alien Enemies Act to deport over 130 purported members of the Venezuelan criminal organization Tren de Aragua, labeling them a threat akin to a military invasion. However, the U.S. intelligence community does not find evidence to support the assertion that the Venezuelan government orchestrates or directs Tren de Aragua. Immigrant advocates argue that the use of the law lacks sufficient evidence and violates migrants' rights to due process.

Judge Rodriguez’s ruling is among several recent decisions where federal judges have turned to historical records to interpret the term "invasion." Judges in Colorado and New York have similarly granted preliminary injunctions against using the Act for such deportations.

However, not all judges agree. In Pennsylvania, Judge Stephanie Haines ruled that the Trump administration could use the Act for deportations of alleged gang members, provided they have 21 days to contest the action in court. This ruling remains an exception, as other judges have generally found that "invasion" refers strictly to military actions, not migration or criminal activities.

Historically, the Alien Enemies Act had only been invoked during times of declared war. The Trump administration's interpretation, deviating from its original military context, faces increasing judicial skepticism.

The historical context and intent behind the Alien Enemies Act suggest it was a measure for dealing with military threats during periods when Congress could not quickly convene. The debate around its modern application reflects an ongoing struggle to define the limits of executive power regarding immigration and national security, with the judiciary playing a critical role in interpreting the balance of these powers.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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