Court rules against Trump's use of Alien Enemies Act to deport the Venezuelans | Donald Trump News

A judge from the United States has issued a permanent injunction that prevents President Donald Trump's administration from deporting the extraterrestrial enemy law of 1798 (AEA) Venezolans from South Texas.

The judgment on Thursday is the first of its kind – and should be challenged quickly.

Similar, albeit temporary orders that have the application of the law by the government, follows when Trump is looking for the rapid removal of immigrants from the country without papers.

In his 36-page decision, the US district judge Fernando Rodriguez Jr.

Trump published an executive judgment on March 15 to take into account members of the Venezuelan gang tren de Aragua. He argued that Tren de Aragua “committed an invasion and a predatory idea to the United States and thus justified such extreme measures.

The extraterrestrial enemy law was finally called three times, most recently in World War II.

Richter Rodriguez said, however, that the danger of Tren de Aragua had decreased far behind the standards that were necessary for the use of the Anien Enemies Act, although he admitted the gang that participated in activities that “is clearly harmful to society”.

“The court comes to the conclusion that [Tren de Aragua’s activities] If they do not fall into the simple, ordinary meaning of “invasion” or “predatory idea” for the purposes of the AEA “, the judge wrote.

“The court comes to the conclusion that the President's appeal exceeds the scope of the law by the proclamation by the proclamation and is therefore illegal.”

Since the Trump government “did not have the rightful authority under the AEA”, judge Rodriguez decided that the law could not use it to “transfer Venezolan foreigners to the United States or to remove them from the country”.

Judge Rodriguez is a judge named by Trump, who took over his current post in 2018 as part of the first term of office of the Republican leader. His decision applies to the southern district of Texas, including cities like Houston.

But although it is the most comprehensive decision of its kind, it is followed by a number of legal cases and court decisions that weigh up the use of the Autien Enemies Act by the Trump management.

The law allows the US government to hold and deport the citizens of an enemy country in times of war or invasions. However, the use was very controversial and critics called it unconstitutional.

The extraterrestrial enemy law was used as a justification, for example, for the detention of tens of thousands of Japanese Americans and other foreigners in camps during the Second World War. This incident resulted in the United States officially apologized decades later and offered compensation for the Japanese American survivors.

It is believed that Trump is the first president to refer to the extraterrestrial enemy law outside of war. With the nativistic rhetoric, he tried to shape migration to the USA without papers as an unbridled “invasion” of criminals and to threaten us communities.

Since taking office for a second term in office, Trump has shown criminal groups like Tren de Aragua as foreign terrorist organizations, a category that makes non-state members inadmissible for the United States.

However, the Supreme Court ruled (PDF) that foreign nationals are entitled to check their cases due to distances under the law on alien enemies.

The present courts have also questioned whether the use of the Law on the Law on External by the Trump government violated the right to a proper procedure.

The judges in Colorado, Manhattan and Pennsylvania have passed temporary disposal against the use of the law, and in Washington, judge James Boasberg has supervised a top -class case in which three levels of deportees in El Salvador were brought into prison according to the law.

Last month, Boasberg decided that there was a “probable reason” to find the Trump administration in the contempt for the court for violating his order. In this case, the hearings are continued, but Trump and his allies have argued that Boasberg exceeded his judicial authority by interfering with foreign policy issues.

The American Civil Liberties Union (ACLU) was one of the plaintiffs who fought against the use of the Autien Enemies Act in court. On Thursday she welcomed the decision by judge Rodriguez.

“The Court ruled that the president did not unilaterally explain an invasion of the United States and appoint a authority during peace,” said the ACLU lawyer Lee learned in an explanation. “The congress never thought that this war law from the 18th century was used in this way.”

Adriana Pinon, the legal director of the Texas branch of the ACLU, also framed the decision as a victory for immigrant rights.

“This permanent injunction is an essential profit to prevent illegal, one -sided executive measures that have committed fear in Texas all over Texas,” she said.

“Immigrants are and were also an integral part of this state and the nation. They too are protected by US laws and the constitution.”

The top democrats such as the Senate Leader of the Minority, Chuck Schumer, also weigh a and described Trump's use of the extraterrestrial enemy law.

“The Trump administration obviously violates the law and tries to use the extra -curricular law on the alien enemies to deport people without proper procedures,” Schumer wrote on social media. “The Americans reject this. The dishes take them to the task. We will not stop fighting for our constitution.”

The Trump government is expected to appeal against the fifth court in New Orleans, a conservative court, on Thursday.