Court finds President Trump’s Summary Removals under the Alien Enemies Act Unlawful

Photo courtesy of Wikimedia Commons

News flash (and here)!  A federal court held that President Donald Trump unlawfully invoked the Alien Enemies Act of 1798 to summarily deport (i.e., remove without due process) Venezuelan migrants to El Salvador.  The court enjoined the administration from further deportations under the Alien Enemies Act.

The decision from U.S. District Judge Fernando Rodriguez, Jr., who President Trump appointed in his first term, is the latest setback for one of President Trump’s immigration measures.  The court stated in the introduction to the detailed ruling that  

“[t]he question that this lawsuit presents is whether the President can utilize a specific statute, the [Alien Enemies Act (AEA)], to detain and remove Venezuelan aliens who are members of [Tren de Aragua].  As to that question, the historical record renders clear that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and
is contrary to the plain, ordinary meaning of the statute’s terms. As a result, the Court concludes that as a matter of law, the Executive Branch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners and the certified class, or to remove them from the country.” (footnote omitted).

KJ