Federal Judge Blocks Trump-Era Deportations of Venezuelans Under Alien Enemies Act
A significant legal victory has been secured by Venezuelans facing deportation under the Alien Enemies Act (AEA) in the Southern District of Texas, as a federal judge has granted them the right to pursue a class-action lawsuit against the Trump administration. U.S. District Judge Fernando Rodriguez Jr., appointed by President Trump during his first term, issued a comprehensive 12-page order on Thursday, officially certifying the group of petitioners as a class.
Judge Rodriguez emphasized the unique circumstances of the case, stating that they presented a "compelling justification" for utilizing a procedure equivalent to a class action, as authorized by Rule 23. This ruling allows the Venezuelans to collectively challenge the legality of their potential deportations, rather than facing individual legal battles.
The Trump administration had vehemently opposed the class-action status, arguing that the petitioners lacked a "basis" to establish a protected legal class. They contended that determining whether an individual was properly included in the category of "alien enemies" required necessarily individual determinations, making a class action inappropriate.
At the heart of the legal dispute is the question of whether individual habeas corpus hearings would be required for each Venezuelan national targeted under the AEA in the Southern District of Texas. These hearings would be intended to determine whether they are members of Tren de Aragua (TdA), a Venezuelan gang designated as a foreign terrorist organization by the State Department in March.
Judge Rodriguez weighed the potential strain on judicial resources, asserting that "requiring individualized habeas corpus proceedings to repeatedly address the common legal issues unduly wastes judicial resources." This highlights the efficiency and practicality of the class-action approach in addressing the shared legal challenges faced by the group of Venezuelans.
The case stems from an executive order issued by President Trump on March 14, titled "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua." Approximately 100 individuals have been detained in the Southern District of Texas and labeled as "alien enemies" under this Proclamation.
Judge Rodriguez acknowledged the existence of both common legal questions and individualized factual determinations. He explained that while the petitioners challenge the lawfulness of the President’s invocation of the AEA, individual hearings would still be needed to determine whether a specific person is indeed a member of TdA.
The petitioners primarily argue that the preconditions required to apply the AEA do not exist in this case. They also contend that the intended application of the Proclamation and the AEA violates the designated alien enemies’ due process rights under the Constitution. Furthermore, they argue that the procedures the Trump administration sought to follow violated the Immigration and Nationality Act and the Convention Against Torture.
Judge Rodriguez emphasized that these legal issues hold true for any individual designated as an alien enemy under the Proclamation and subject to removal under the AEA. He added that a favorable result on any of these legal theories would be equally applicable to other Venezuelan aliens designated as alien enemies under the Proclamation.
Acknowledging the necessity of individual hearings to determine TdA membership, Judge Rodriguez stated that the court would have to determine the applicable legal standard, and this analysis would apply to every class member. However, the hearings themselves would proceed individually, as the relevant facts for each person differ.
According to Reuters, the Trump administration deported at least 137 Venezuelans from the El Valle Detention Center in Raymondville, Texas, under the Alien Enemies Act on March 15. Disturbingly, relatives of dozens of the men claim that they are not TdA members, raising serious concerns about the accuracy and fairness of the deportation process.
In a separate, detailed 36-page opinion, Judge Rodriguez further asserted that the Trump administration could not rely on the Alien Enemies Act to deport Venezuelan nationals, even if they are TdA members. He reasoned that the gang’s presence in the U.S. cannot be classified as an "invasion" or "predatory incursion" under federal law, which are prerequisites for invoking the AEA.
He emphasized that the Executive Branch can direct the detention and removal of aliens who engage in criminal activity in the United States. However, he found 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." He concluded that the President’s actions were unlawful.
In mid-April, Judge Rodriguez issued a temporary restraining order preventing the Trump administration from removing Venezuelans held at the Raymondville detention center. He subsequently broadened his ruling to protect all Venezuelans detained in his judicial district, which encompasses major cities like Houston, Galveston, Laredo, McAllen, Brownsville, Corpus Christi, and Victoria, from deportation.
Judge Rodriguez’s ruling is highly significant because it represents the first formal permanent injunction against the Trump administration’s use of the AEA in this context. It directly challenges the President’s interpretation and application of the law.
The Trump administration claimed that TdA is acting at the behest of the Venezuelan government. However, Judge Rodriguez refuted this claim, stating that "the Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation."
He further emphasized that the provision has historically only been used during times of declared war, specifically the two World Wars and the War of 1812, emphasizing that it was intended for use only when the United States faces a direct military threat from a foreign nation.
If the administration decides to appeal, the case would first go to the New Orleans-based 5th U.S. Circuit Court of Appeals, one of the nation’s most conservative appellate courts. This court has historically ruled against what it perceived as overreach on immigration matters by both the Obama and Biden administrations, raising questions about the potential outcome of an appeal.
The Supreme Court has already addressed the issue of deportations under the AEA, ruling that migrants alleged to be gang members must be given "reasonable time" to contest their removal from the country. This previous ruling underscores the importance of due process and the right to a fair hearing in deportation cases.
This latest ruling by Judge Rodriguez offers a glimmer of hope for Venezuelans facing deportation under the Alien Enemies Act, highlighting the complexities of immigration law and the importance of upholding individual rights.