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Trump-appointed judge says president’s
use of Alien Enemies Act is unlawful in
first-of-its-kind ruling

Original Article

Posted By: Dreadnought, 5/1/2025 9:08:17 PM

A Donald Trump-appointed federal judge in Texas ruled that the president unlawfully invoked the Alien Enemies Act and blocked the administration from quickly deporting some alleged members of a Venezuelan gang. US District Judge Fernando Rodriguez of the Southern District of Texas said Trump had unlawfully invoked the sweeping 18th century wartime authority to speed up some deportations. His decision means Trump cannot rely on the law to detain or deport any alleged members of the Venezuelan gang Tren de Aragua within his district.

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Reply 1 - Posted by: Jethro bo 5/1/2025 9:49:21 PM (No. 1943850)
Oh goodie! Another Inferior Court Black Robed Activist that is totally unaccountable to anyone and has no foreign policy experience or authority, no knowledge or authority over national security issues now thinks he's President and do didcate national defense and foreign policy. Next judges will be telling Congress which laws they can and cannot pass. All Chief Justp-0Us Robert'[s plan to take over the Executive and Legislative branch.
33 people like this.

Reply 2 - Posted by: TexasHillCountry 5/1/2025 9:56:27 PM (No. 1943852)
Congress has the power to define the authority of the federal courts. Time to remove the AEA from their perview.
36 people like this.

Reply 3 - Posted by: DVC 5/1/2025 10:41:20 PM (No. 1943861)
Not in his power to decide.
28 people like this.

Reply 4 - Posted by: Sunhan65 5/2/2025 12:32:41 AM (No. 1943875)
I agree with both #2 and #3, but the Alien Enemies Act of 1798 requires wartime conditions or an actual invasion. Allowing any president the power to unilaterally declare that those conditions exist creates too much scope for abuse. What President Trump can do for good, the next Democrat president can do far worse. Some responsible review with checks and balances makes sense. However, the current Federal judiciary has forfeited that responsibility by intervening to stop valid deportations. One idea I've posted elsewhere: Congress could pass a law creating a new court dedicated specifically to reviewing and validating deportations. Congress could declare this court"s jurisdiction in deportation cases to be original and absolute. This legislation could also place this Deportation Court outside the current Federal judiciary and thus exclude cases involving deportation of illegal aliens from the jurisdiction of the supreme court. This would ensure expedited due process, reduce political interference and risk, and get the job done. It would also give our current Federal judges a needed reminder that they are neither the Executive nor Legislative branch and will no longer be able to intrude into those separated powers without consequences. It would also make clear that people in our country illegally have no inherent right to petition our regular courts for redress based on our Bill of Rights while presevering those rights for American citizens.
10 people like this.

Reply 5 - Posted by: franco 5/2/2025 12:52:58 AM (No. 1943878)
FYI foiks, a reminder about judges and presidents: Just because the media mentions that a particular president nominated a particular judge does not mean that the president approved of the particular judge's judicial temperament. Mark Levin has been all over this frequently (but this week he's out of the country) on his radio show. Typically, when a president is dealing with a Senate controlled by the opposing party, 1/3 to 1/2 of nominees will not be people the president wishes to nominate; such nominees are part of deal-making with the opposition in order to get the nominees the president wants confirmed by the Senate. Levin was deputy AG to Reagan and Reagan made many appointments he didn't want to make in order to get appointments he did want pushed through the Democrat-controlled Senate. In the case of PDJT, he didn't have to deal with Democrat-controlled Senates, but I have no doubt that some of the nominees recommended by Mitch McCon-man and his lobbyists weren't the best, either...
18 people like this.

Reply 6 - Posted by: Oldenoughtoknowbetter 5/2/2025 4:26:14 AM (No. 1943901)
Does "His decision means Trump cannot rely on the law to detain or deport any alleged members of the Venezuelan gang Tren de Aragua within his district." mean his district will become a haven for the gang?
5 people like this.

Reply 7 - Posted by: 5 handicap 5/2/2025 5:57:31 AM (No. 1943928)
Give rthe Judge the Big EFF YOU, and do it anyway!
13 people like this.

Reply 8 - Posted by: Strike3 5/2/2025 6:44:29 AM (No. 1943937)
THIS is CNN.
6 people like this.

Reply 9 - Posted by: Safari Man 5/2/2025 7:01:43 AM (No. 1943940)
McConnell brags about the Trump-appointed judges he got through. Another "thanks" to McConnell.
6 people like this.

Reply 10 - Posted by: starsNstripes 5/2/2025 7:58:03 AM (No. 1943961)
Trump will win this one for sure. Trump declared TdA a terrorist group. Plus he declared that they have invaded our country and that we are in a fight against them. Trump is Commander in Chief. Judges don't get to decide how the CinC fights a war or invasion of our country.
5 people like this.

Reply 11 - Posted by: Miamiwarrior 5/2/2025 8:16:38 AM (No. 1943969)
Didn’t SCOTUS already a rule on this issue?
1 person likes this.

Reply 12 - Posted by: planetgeo 5/2/2025 8:26:23 AM (No. 1943974)
While I like #4's long-term solution of having Congress create a special deportation court, I don't believe the country can wait until that is done. What exactly constitutes an invasion? What constitutes a war? Common sense says that the purposeful incursion of 20,000,000 unvetted, uncontrolled aliens that include known criminal gangs and other felons that end up killing or otherwise harming hundreds if not thousands of American citizens satisfies the equivalent of an invasion and an ongoing war. The Commander in Chief and ONLY the Commander in Chief needs to be the ultimate authority for that kind of decision. I would also add that any future President who might might have sinister motives would still have to make the case to the American people that the conditions displayed here are sufficient to justify his actions. Namely, large numbers of invaders, confirmed criminals or enemy combatants, who are causing confirmed deaths or great harm to our citizens. Failure to make that case would be cause for impeachment.
3 people like this.

Reply 13 - Posted by: franco 5/2/2025 2:54:53 PM (No. 1944240)
Out of box thinking: PDJT and the Congress could entirely eclipse all of this lawfare by having Congress declare war... on Venezuela. We wouldn't do so with the intent of invading the country (though we could help to arm Maduro's opposition and let them handle the regime change), but instead to put an end to all the lawfare attempting to protect TdA members and keep them in the country. TdA instantly become enemy combatants and there's no longer any nuanced arguments against applying the Alien Enemies Act. And thought he doesn't have to play the card, PDJT can always hold suspension of habeaus corpus over the heads of anyone then coming to the "legal assistance" of TdA. How would the lawfare crowd like to be thrown into a prison indefinitely... until such time as we decide that "the war" against Venezuela is over?
2 people like this.

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