A federal judge has ruled that President Trump cannot use the Alien Enemies Act to deport alleged Venezuelan gang members, declaring the administration’s attempt to invoke the law in this context as unlawful. The decision halts a major element of Trump’s immigration crackdown, which involved deporting individuals accused of gang ties—without trial or due process to a high-security prison in El Salvador.
The ruling came from U.S. District Judge Fernando Rodriguez Jr., a Trump appointee, who determined that the 18th-century statute cannot be applied to deport alleged members of the Venezuelan gang Tren de Aragua. The law, originally intended for use during wartime against enemies of the United States, has only been used three times in American history and always in the context of formal armed conflict.
Rodriguez found no legal basis to classify the migrants as part of an “organized, armed force” attempting to invade or occupy the U.S. His decision dismantled the White House’s core argument by highlighting that the presidential proclamation authorizing the deportations made no mention of Venezuela directing an invasion or military-style campaign involving the gang.
In his written opinion, Rodriguez made clear that allegations of criminal activity and violence, while serious, do not meet the legal definition of an invasion or a “predatory incursion” as required under the Alien Enemies Act. He noted that the administration failed to show that the gang’s crimes amounted to organized armed attacks at the behest of a foreign state.
The Trump administration has leaned heavily on the Alien Enemies Act as part of its aggressive immigration strategy during the early months of the president’s second term. More than 100 Venezuelan men have already been sent to El Salvador’s Tecoluca megaprison under this policy, many of them identified based on tattoos deemed “suspicious” by immigration officers.
Critics say the administration is using a broad and vague definition of gang affiliation to bypass legal protections, especially for individuals who may be U.S. residents or have asylum claims. Immigration attorneys and civil rights groups have argued the practice is unconstitutional, pointing to cases where those deported were not given a fair chance to challenge the accusations against them.
This ruling deals a serious blow to Trump’s use of emergency powers to expedite removals, and it may force a reevaluation of other sweeping executive actions taken under the guise of national security. The court’s decision is expected to be appealed, but for now, the administration’s use of the Alien Enemies Act for alleged gang members has been effectively blocked.