US Judge Rules Against the Use of the Alien Enemies Act to Deport Venezuelans

On Thursday, May 1, 2025, US District Judge Fernando Rodriguez, a federal judge appointed by Trump, ruled against the US president’s order to use the Alien Enemies Act (AEA) to deport Venezuelan migrants.

Court Ruling on the Alien Enemies Act

Judge Rodriguez ruled that Donald Trump’s employment of the Alien Enemies Act was “unlawful,” as the use of the law was not justified. The AEA can only be applied when the US has an “armed organized attack,” which is untrue in this instance. While the administration claimed that the Venezuelan criminal organization, Tren de Aragua, was invading the US in March, there have been no details on the alleged gang membership of deported individuals.

Judge Rodriguez pushed back against the administration’s invocation of the ruling because allowing AEA to be permissible in this instance “would remove all limitations to the executive branch’s authority under the AEA.”

What is the Alien Enemies Act?

Implemented in 1798, the Alien Enemies Act can be used by the President during times of war or when a foreign country invades the country. Reeves Attorney, Eric Welsh, spoke to Newsweek about the AEA, when it can be enacted, and its power. Eric explained that AEA was previously used during the War of 1812, World War 1, and World War II. AEA can carry out mass deportations of noncitizen immigrants if there is a war between the nation or government. As AEA only applies to warlike actions, there were valid contentions against Trump enacting it.

As immigration laws are consistently changing within the United States, it is important to stay up-to-date and informed. Connecting with an experienced immigration lawyer about your case can help ensure that you receive the most optimal results.

Speak to an Experienced Deportation Defense Attorney Today

Reeves Immigration Law Group has served the immigrant community for over four decades, obtaining success even in the most complex legal cases. Being placed in deportation proceedings is scary, and our immigration attorneys do everything in their power to ensure that families and individuals receive optimal results in court.

Contact us today to connect with the best deportation lawyers. We promise to be by your side through it all because we believe in making a difference in the lives of others and our community

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