The federal judge appointed by Trump rejects the use of the extraterrestrial enemy law in the Venezuelan deportations

Washington – a federal judge who was appointed on Thursday by President Donald Trump refused to appeal the Trump government to the extraterrestrial enemy law of 1798 to deport the Venezolans, which she claims to be members of the criminal organization Tren de Aragua.

The US district judge Fernando Rodriguez Jr. from the southern district of Texas wrote in the view that he did not question the authority of the executive, to lead the detention and removal of foreigners, operate criminal activities, and he found that the government can continue to rely on the Immigration and Nationality Act for these procedures.

But Rodriguez, who was nominated in Trump's first term, wrote that the question was at the center of the lawsuit as to whether Trump could use the extraterrestrial enemy law to capture and remove Venezolans who were members of Tren de Aragua. Conditions.”

The Supreme Court had taken a break for deportations according to the Anien Enemies Act when buses with Venezolans drove from a detention center in the northern district of Texas to an airport. Some of those on the bus told them that they were intended for a prison in El Salvador, others were driven to Venezuela, according to the wife of one of the prisoners and two lawyers who represented other prisoners in the facility.

Until Trump called it this year, the Anien Enemies Act was only called during the war of 1812, the Second World War and the Second World War. In a proclamation on March 15, Trump said that Tren de Aragua was a proven terrorist organization that “immortalized and threatened and threatened” an invasion or a predatory idea against the United States territory. ”

In his 36-page opinion, Rodriguez wrote that the use of “invasion” by the Trump government does not match the historical use of the term, which was normally used in connection with military efforts or warfare. The court found that an “invasion” or a “predatory idea” an “organized, armed force that penetrates into the United States in order to behave in a certain geographical area's behavior and human life”, but that “no forerunners of the actual war need to be”.

Rodriguez also gave a petition for a class status and wrote that the “special circumstances of this case” enabled this legal remedy, because the lawsuit “common legal issues that could prove as a disposition for all Venezuelan aliens in the southern district of Texas as dispositiv.

In a final judgment and a permanent injunction, Rodriguez wrote that the administration was permanently postponed by the use of the Federal Lates' Act to deport, transfer or remove the plaintiffs and other members of the class, but wrote that they were not prohibited “negotiating procedures with a trigger procedure or otherwise on immigration and the Nationality Act”.

The Lee learned the ACLU, the senior lawyer, who represented the plaintiffs, found that this was the first time that a federal judge had issued a summary judgment, and the merits of whether the Trump Administration could use the Alien hostility law during the peace.

“The Court of Justice rightly decided that the President had no authority to simply explain that the United States gave an invasion and then appointed an authority of the 18th century during peace,” said. “The congress never thought that this law would be used in this way.”