A federal judge in Texas issued a landmark ruling Thursday, permanently blocking the Trump administration from using the centuries-old Alien Enemies Act (AEA) to detain and deport Venezuelan migrants in South Texas. The decision, delivered by U.S. District Judge Fernando Rodriguez Jr.-a Trump appointee-declared that the administration’s invocation of the AEA “exceeds the scope” of the law and is therefore unlawful.
On March 15, 2025, President Donald Trump issued a proclamation invoking the Alien Enemies Act, a statute dating back to 1798, to target Venezuelan nationals alleged to be members of the criminal gang Tren de Aragua. The administration argued that the gang’s activities constituted an “invasion or predatory incursion” against the United States, justifying the rapid detention and removal of affected individuals without the usual court proceedings.
Historically, the Alien Enemies Act has only been used during declared wars, such as the War of 1812 and the two World Wars, to detain or remove nationals of enemy states. Trump’s move marked the first time the law was invoked in a non-war context, and specifically against alleged gang members, rather than agents of a hostile nation at war with the U.S..
Judge Rodriguez’s 36-page opinion found that the administration’s use of the AEA was “contrary to the plain, ordinary meaning of the statute’s terms.” He concluded that, while the president has broad authority under the AEA during wartime, the statute’s language requires either a declared war or an “invasion” or “predatory incursion” by a foreign nation or government-not by a criminal gang.
The court determined that the activities of Tren de Aragua, as described in the presidential proclamation, did not amount to an “invasion” or “predatory incursion” as those terms were understood in the 18th century. Judge Rodriguez cited historical definitions and context, noting that these terms referred to organized, armed military actions, not criminal activity by non-state actors.
The judge also rejected the administration’s claim that courts lacked authority to review the president’s invocation of the AEA, affirming the judiciary’s responsibility to interpret the scope of congressional statutes and ensure executive actions remain within legal boundaries.
The ruling applies specifically to Venezuelan migrants detained or residing in the Southern District of Texas, which includes major cities such as Houston, Brownsville, and Laredo. The permanent injunction prohibits the federal government from detaining, transferring, or removing Venezuelans under the AEA within this jurisdiction.
However, Judge Rodriguez clarified that his decision does not prevent the government from pursuing deportations under other immigration laws, such as the Immigration and Nationality Act, nor does it affect ongoing removal proceedings unrelated to the AEA.
Legal experts anticipate a swift appeal to the Fifth Circuit Court of Appeals, and the issue may ultimately reach the Supreme Court.
