Trump-Appointed Judge Rules Trump's Use of Alien Enemies Act Unlawful

[Nevilledog]

https://meidasnews.com/news/trump-appointed-judge-rules-trumps-use-of-alien-enemies-act-unlawful


A federal judge in Texas — appointed by Donald Trump himself — has just ruled that Trump's controversial attempt to invoke the Alien Enemies Act to carry out mass deportations is unlawful.

The ruling, handed down moments ago by U.S. District Judge Fernando Rodriguez Jr., sharply rebukes the legal foundation behind Trump's recent immigration push. According to the court order, the president’s proclamation cannot be enforced because it lacks the necessary wartime or national security justification required under the 1798 statute.

While the Alien Enemies Act has existed for over two centuries — originally passed during heightened tensions with France — it has rarely been used in modern times and never in a context lacking an active state of war.

What makes today's ruling particularly significant is that it comes from within Trump's own judicial legacy. Judge Rodriguez, nominated by Trump in 2018 and confirmed with strong Republican support, has now formally blocked Trump’s use of this controversial statute in court.

*snip*

[LetMyPeopleVote]

1. I never believed that the Alien Enemies Act applied

This claim was really so weak that it was funny. I am shocked that it has taken this long to get a ruling on this silly claim

Link to tweet

[LetMyPeopleVote]

2. Deadline: Legal Blog---Trump-appointed judge calls Trump's Alien Enemies Act invocation 'unlawful'

The Texas judge’s ruling is significant because it dealt head-on with the merits of the wartime law. It’s not the last word on the issue.
https://bsky.app/profile/photoframd.bsky.social/post/3lo5gx4mso22b

Trump-appointed judge calls Trump’s Alien Enemies Act invocation ‘unlawful’. The Texas judge’s ruling is significant because it dealt head-on with the merits of the wartime law.

Link to tweet

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alien-enemies-act-invocation-unlawful-rcna204232

President Donald Trump’s invocation of the Alien Enemies Act has faced intense preliminary litigation in courts around the country, leading to rulings such as the Supreme Court’s insistence that people potentially subject to the act must receive due process. But a new and significant ruling from a Trump-appointed judge on Thursday gets to the heart of the matter, deeming the president’s invocation itself “unlawful.”

The 1798 act was previously used only during declared wars. The text of the act says it’s for “[w]henever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government.”.....

The Trump appointee reviewed the historical record from the time of the act’s passage and found that the terms “invasion” or “predatory incursion” are meant to refer to “an organized, armed force entering the United States to engage in conduct destructive of property and human life in a specific geographical area.” Applying that background to Trump’s proclamation, the judge said TdA’s activities as described in the proclamation don’t qualify under the act.

While this is just one ruling from one (Trump-appointed) judge in one district, it shows the difficulty the administration could face in ultimately prevailing before the Supreme Court on the merits of the issue. Other trial and appellate court judges around the country could also favorably cite Rodriguez’s ruling if they agree with it, though they wouldn’t be bound by it. Trial judges are bound by appellate rulings in their circuits, and all judges are bound by the Supreme Court. Rodriguez sits in the 5th U.S. Circuit Court of Appeals, the most conservative circuit, which would typically be the next step on the appellate chain if the government chooses to challenge the ruling.

In any event, Rodriguez’s decision doesn’t prevent the administration from using normal immigration authorities outside the rarely used act to carry out deportations.

The new ruling also underscores the illegality of the administration having already summarily removed people to El Salvador under the act and deposited them into a notorious prison there. Lawyers are also pressing to get them returned to the United States. And the ruling comes as the administration fights against returning Kilmar Abrego Garcia, a Salvadoran native who was also illegally deported to that country (albeit not under the Alien Enemies invocation).

The invocation of the Alien Enemies Act is not supported by the law and I am shocked that it has taken this long for a court to rule on this act. I saw that trump is appealing directly to SCOTUS and by passing the 5th Circuit. This will be fun to watch.