A federal court prevented the Trump government from having deported Venezuelan gang members from southern Texas on Thursday with the help of the Alien Enemies Act (AEA), an 18th-century law.
Judge Fernando Rodriguez Jr. of the American court, which Trump nominated in 2018, said“Neither the court nor the parties wonder that the executive power can lead the detention and removal of alien beings involved in criminal activities in the United States.”
Rodriguez continued: “The call of the president of the AEA by the proclamation exceeds the scope of the statute and is contrary to the clear, ordinary meaning of the conditions of the status.”
Rodriguez is the first court to claim that the President cannot use the Alien Enemies Act to deport the administration that gang members invade the United States.
In March, President Donald Trump stated that the Venezuelan gang tren came into the Aragua into the United States and called 18th-century law as his special authority to deport these migrants without the typical legal proceedings.
“The court concludes that the invocation of the president exceeds the scope of the statute by the proclamation and is unlawful as a result,” Rodriguez continued.
“The language of the proclamation cannot therefore be read as descriptive behavior that falls within the meaning of ‘invasion’ for the purposes of the AEA,” said Rodriguez, which said that the gang members did not come to the United States on behalf of the Venezuelan government.
The Associated Press wrote:
If the administration appeals, it would first go to the 5th US Circuit Court of Appeals, established in New Orleans. That is one of the most conservative professional courts of the nation and it has also ruled against what it saw as a over -range about immigration issues by both the Obama and Biden administrations. In those cases, Democratic administrations had tried to make it easier for immigrants to stay in the US
The administration, as in other cases that have disputed her extensive view of presidential power, could turn to professional courts, including the US Supreme Court, in the form of an emergency aid for a stay awaiting an appeal.
The Supreme Court ruled that those deported under the Alien Enemies Act “should be given” reasonable time “to dispute their removal from the country, although the highest court of the nation did not decide what a” reasonable “time was.
Sean Moran is a policy reporter for Breitbart News. Follow him on X @ Seamporan3.
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