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Judge rules Trump use of Alien Enemies Act for gangs is ‘unlawful’
Posted on 5/1/25 at 11:44 am
Posted on 5/1/25 at 11:44 am
A federal district judge ruled Thursday that the Alien Enemies Act (AEA) does not permit President Trump to swiftly deport alleged Venezuelan gang members to a prison in El Salvador, extending a block on the law being used against migrants detained in South Texas.
U.S. District Judge Fernando Rodriguez Jr., a Trump appointee, said the rarely used law can only be invoked when an “organized, armed force” is entering the United States, rejecting the president’s claims that he can use it against Tren de Aragua (TdA).
“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. Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA,” he wrote.
“While the Proclamation references that TdA members have harmed lives in the United States and engage in crime, the Proclamation does not suggest that they have done so through an organized armed attack, or that Venezuela has threatened or attempted such an attack through TdA members. As a result, the Proclamation also falls short of describing a ‘predatory incursion.’” LINK
U.S. District Judge Fernando Rodriguez Jr., a Trump appointee, said the rarely used law can only be invoked when an “organized, armed force” is entering the United States, rejecting the president’s claims that he can use it against Tren de Aragua (TdA).
“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. Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA,” he wrote.
“While the Proclamation references that TdA members have harmed lives in the United States and engage in crime, the Proclamation does not suggest that they have done so through an organized armed attack, or that Venezuela has threatened or attempted such an attack through TdA members. As a result, the Proclamation also falls short of describing a ‘predatory incursion.’” LINK
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Posted on 5/1/25 at 11:46 am to Jbird
quote:
U.S. District Judge Fernando Rodriguez Jr., a Trump appointee
Et tu, Brute?
Posted on 5/1/25 at 11:46 am to Jbird
quote:
“organized, armed force”
Has this been defined? Who defines it?
Posted on 5/1/25 at 11:47 am to Jbird
quote:
law can only be invoked when an “organized, armed force” is entering the United States
WTF does he think the drug cartels are?
Posted on 5/1/25 at 11:48 am to Jbird
quote:
U.S. District Judge Fernando Rodriguez Jr., a Trump appointee, said the rarely used law can only be invoked when an “organized, armed force” is entering the United States
So, something that hasn't happened since 1812?
Posted on 5/1/25 at 11:50 am to Jbird
Posted on 5/1/25 at 11:52 am to Jbird
This is where intent of the law vs letter of the law is important. No, a foreign country isn't sending this gang to invade the US, that doesn't not mean that it doesn't still fit, you just have to use a little bit of creativity with the interpretation. I.e. " we dont know what the definition of is is." Funny how one side can wordsmith someone into oblivion but when the other tries to get a little creative, it's unlawful.
Posted on 5/1/25 at 11:52 am to Jbird
quote:
U.S. District Judge Fernando Rodriguez Jr., a Trump appointee
Another a-hole judge who thinks he can dictate national policy. Tell him to go pound sand and keep deporting them by the plane-load.
Posted on 5/1/25 at 11:52 am to Jbird
quote:
“organized, armed force”
I would say that the odds of these gangs being armed and organized is pretty high.
Posted on 5/1/25 at 11:53 am to Jbird
I'm hopeful when the Supreme Court looks at 50 + cases being appealed by the Trump Administration landing in their laps, they say .... enough with this BS.
Posted on 5/1/25 at 11:56 am to Jbird
quote:
If they’re out I’d assume Hesgeth has to go too. Hesgeth is a walking security breach.
Which of the two does he not thing TdA is. Does he it not think that the organization is organized? Or does he think they are not armed?
Just wondering since they are armed and they are organized.
Actually I am not wondering.
This post was edited on 5/1/25 at 3:11 pm
Posted on 5/1/25 at 12:12 pm to captainFid
quote:
I'm hopeful when the Supreme Court looks at 50 + cases being appealed by the Trump Administration landing in their laps, they say .... enough with this BS.
Roberts and ACB have friend groups and dinner parties to protect. I believe the Supreme Court will disappoint hugely.
Posted on 5/1/25 at 12:19 pm to This GUN for HIRE
quote:
Has this been defined?
Not really
quote:
Who defines it?
The courts. This is their first shot.
Posted on 5/1/25 at 12:19 pm to Y.A. Tittle
quote:
So, something that hasn't happened since 1812?
Correct.
Posted on 5/1/25 at 12:20 pm to LSUSkip
quote:
This is where intent of the law vs letter of the law is important. N
MAGA's shift from textualism to a living document is now complete
Posted on 5/1/25 at 12:22 pm to TrueTiger
quote:
I would say that the odds of these gangs being armed and organized is pretty high.
Full quote:
quote:
“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. Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA,” he wrote.
“While the Proclamation references that TdA members have harmed lives in the United States and engage in crime, the Proclamation does not suggest that they have done so through an organized armed attack, or that Venezuela has threatened or attempted such an attack through TdA members. As a result, the Proclamation also falls short of describing a ‘predatory incursion.’”
Posted on 5/1/25 at 12:23 pm to SlowFlowPro
quote:
The courts. This is their first shot.
Take a moment, if you will, not to troll the board and tell us how you think this plays out. No sarcasm. I know you personally and value your insight on all of these legal threads (when you aren't trolling for pleasure).
It would even be fun if you said:
Progressive Judge likely says....
MAGA Judge says....
Independent Judge says...
TYIA
Posted on 5/1/25 at 12:25 pm to LSUSkip
quote:
This is where intent of the law vs letter of the law is important. No, a foreign country isn't sending this gang to invade the US, that doesn't not mean that it doesn't still fit, you just have to use a little bit of creativity with the interpretation. I.e. " we dont know what the definition of is is." Funny how one side can wordsmith someone into oblivion but when the other tries to get a little creative, it's unlawful.
Neat.
Now do bathroom bills and Troons.
Posted on 5/1/25 at 12:25 pm to EZE Tiger Fan
quote:
Take a moment, if you will, not to troll the board
quote:
and tell us how you think this plays out.
I think it goes about how this judge ruled, which is what I've said since this whole discussion started.
quote:
It would even be fun if you said:
Progressive Judge likely says....
MAGA Judge says....
If the ruling in OP is the MAGA side, imagine the progressive ruling.
Posted on 5/1/25 at 12:25 pm to LSUSkip
quote:
Funny how one side can wordsmith someone into oblivion but when the other tries to get a little creative, it's unlawful.
it's not funny, it's fricking infuriating.
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