Trump-appointed judge rules fast-tracked deportations under Alien Enemies Act 'unlawful'

1 May 2025, 19:21

President Donald Trump bows his head in prayer during a National Day of Prayer event in the Rose Garden of the White House, Thursday, May 1, 2025, in Washington. (AP Photo/Evan Vucci)
President Donald Trump bows his head in prayer during a National Day of Prayer event in the Rose Garden of the White House, Thursday, May 1, 2025, in Washington. (AP Photo/Evan Vucci). Picture: Alamy

By Danielle de Wolfe

A US district judge appointed by Donald Trump has ruled the administration's use of the Alien Enemies Act to fast-track deportations is 'unlawful'.

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Texas judge Fernando Rodriguez, who was personally appointed by Trump, has ruled the administration cannot rely on the historic law to speed up deportations.

The administration is currently harnessing the 18th century law to deport individuals it alleges are Tren de Aragua gang members.

Ruling on Thursday, Judge Rodriguez said that Trump invoking the law for only the fourth time in U.S. history did not permit him to expedite extraditions.

First enacted in 1798, the Alien Enemies Act allows the use of emergency powers under circumstances including a "declared war" or when "any invasion or predatory incursion is perpetrated, attempted to threatened" against the United States by a foreign nation, regime or government.

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New York, New York, USA. 23rd Apr, 2025. TOM HOMAN, 'Border Czar', speaks during Homeland Security Investigation announcement at New York office.
New York, New York, USA. 23rd Apr, 2025. TOM HOMAN, 'Border Czar', speaks during Homeland Security Investigation announcement at New York office. Picture: Alamy

Judge Rodriguez ruled the administration does “not possess the lawful authority” to deport suspected members.

It tees up what is set to be a fierce legal battle spearheaded by the Trump administration.

The law is currently being harnessed by Trump “to detain Venezuelan aliens, transfer them within the United States, or remove them from the country."

Documented in the judge’s 36-page ruling, he continued: "The historical record renders clear that the president’s invocation of the [Alien Enemies Act] through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms.

President Donald Trump hosts a bilateral meeting with President Nayib Bukele of El Salvador, Monday, April 14, 2025, in the Oval Office. Vice President JD Vance attends. (Official White House Photo by Emily J. Higgins)
President Donald Trump hosts a bilateral meeting with President Nayib Bukele of El Salvador, Monday, April 14, 2025, in the Oval Office. Vice President JD Vance attends. (Official White House Photo by Emily J. Higgins). Picture: Alamy

Trump had previously declared that the act would allow “all Venezuelan citizens 14 years of age or older who are members of [Tren de Aragua], are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as Alien Enemies.”

The Trump administration is yet to comment on the ruling, with eyes instead focussed on the resignation of US National Security Advisor Mike Waltz.