Judge declares Trump's use of Alien Enemies Act 'unlawful'
Share this @internewscast.com

President Donald Trump participates in a session with the Fraternal Order of Police held in the State Dining Room at the White House on Thursday, June 5, 2025, in Washington (AP Photo/Alex Brandon).

A federal judge in Texas blocked the Trump administration from summarily deporting migrants in the state under a rarely-used 18th-century wartime power with little or no due process, becoming the latest in a growing line of jurists to hold that President Donald Trump’s invocation of the Alien Enemies Act (AEA) was unlawful.

U.S. District Judge David Briones on Monday granted a request for a permanent injunction barring the government from removing Venezuelan migrants accused of being members of the Tren de Aragua (TdA) gang to the notorious CECOT terrorist prison in El Salvador.

In a 56-page order, Briones wrote that Trump’s proclamation was “hereby declared unlawful,” reasoning that the administration’s implementation of the executive order was “inconsistent with the AEA” and its statutory requirements.

“Under the AEA, a president cannot unilaterally define what constitutes an invasion, summarily declare that a foreign nation or government has threatened or perpetrated an invasion or predatory incursion of the United States, identify alien enemies subject to detention or removal, and summarily remove them,” the judge wrote.

Love true crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox.

Trump on March 15 became the first president since World War II to invoke the AEA, which authorizes him to summarily remove “natives, citizens, denizens, or subjects” of a “hostile nation or government” when there is “declared war” against it or when it has “perpetrated, attempted, or threatened against the territory of the United States” an “invasion or predatory incursion.” In a controversial and novel use of the power, Trump declared the Venezuelan gang Tren de Aragua (TdA) had committed or attempted an “invasion” or “predatory incursion” such that any member of the group was summarily removable under the Act.

The administration asserted that the gang constituted a “hybrid criminal state” for purposes of invoking the AEA.

The court rejected the administration’s interpretation of the AEA and emphasized that proper invocation of the power requires an executive order that includes “sufficient factual statements” and other references enabling courts to “determine whether the conduct and events satisfy the conditions that support the invocation of the statute.”

“This Court need not look beyond the four corners of [the president’s Proclamation] to find its severe deficiencies in comporting with the AEA,” Briones wrote. “Even accepting every assertion in [the Proclamation] as true, it does not rise to meet the plain, ordinary meanings of the statutory terms.”

Following a brief overview on interpreting the language of a centuries-old statute, Briones explained that the terms “invasion” and “predatory incursion,” as used in the statute, require a “militarized effort against, and militarized intrusion into, the territory of the United States with the specific purpose of conquering or obtaining control over territory.” The alleged actions of TdA, according to the judge, were well outside the definitions of those terms.

This Court also rejected the administration’s request to “broaden the meaning of these terms” in light of modern warfare tactics, with Briones writing that doing so would effectively render the AEA “irrelevant.”

“The AEA was clearly not meant to be all-encompassing,” he wrote. “As such, this Court declines to stretch the AEA’s meaning so broadly that mass migration or criminal activities by some members of a particular nationality could qualify as an ‘invasion,’ and virtually any group, hailing from virtually any country, could be deemed alien enemies.”

Briones’ analysis cited heavily to the order of another federal judge in Texas — Trump-appointed U.S. District Judge Fernando Rodriguez — who in April similarly found that the administration’s use of the AEA was illegal.

“The court properly recognized that the Alien Enemies Act is a wartime measure that cannot be used during peacetime, much less without due process, to send people to a gulag-type prison in El Salvador,” Lee Gelernt, the deputy director of the ACLU’s Immigrants’ Rights Project and the lead attorney in the case, said in a statement to local news nonprofit El Paso Matters.

Federal judges in Colorado, New York, Massachusetts, Georgia, and California have also issued court orders barring the administration from deportations under the AEA.

Share this @internewscast.com
You May Also Like

Jury Delivers Verdict in Colin Gray Murder Trial: Father of Apalachee High School Shooter Found Guilty

Colin Gray, a father from Georgia, has been convicted of murder and…

Individual Experiencing Homelessness Detained Following Alleged Threat Outside St. Francis House

Staff Report GAINESVILLE, Fla. – A 40-year-old man, Lawrence Bradley III, was…

Tragic Incident: Wife Fatally Shot After Urging Husband to Carry Revolver as Fashion Accessory

Inset: Cameron E. Tomlinson (Howard County Jail). Background: The apartment complex where…

WA Bush Track Discovery Sparks Intense Murder Investigation

A homicide investigation has been launched after a man’s body was found…

Former Boxer Mom Fends Off Notorious Celebrity Dentist: An Unbelievable Showdown

A woman from Sydney’s east has undergone surgery after she was attacked…

Shocking Verdict: Mom Avoids Prison After Forcing Family into Lake in Bizarre ‘Worthiness’ Test

Left inset: Ruth Miller (Tuscarawas County Sheriff’s Office). Right inset: The boat…

Kristi Noem Stumbles Over Legal and Historical Details at Senate Hearing, Struggles to Address Questions on ICE Court Order Violations

Left to right: Sen. Dick Durbin and DHS Secretary Kristi Noem during…

Coroner Criticizes Oversight: Past Domestic Violence of Convicted Murderer Ignored, Raising Alarms

The recent findings by State Coroner Liberty Sanger have shed light on…

Tragic Loss: Brave 12-Year-Old Dies Protecting Sister from Bullies at Charter High School

Inset: Khimberly Zavaleta (GoFundMe). Background: Reseda Charter High School in the San…

Shocking Incident: Pastor Allegedly Pushes Elderly Woman Down Church Steps, Resulting in Severe Injuries

Inset: Pastor Lorenz Roseman. Background: Surveillance video allegedly showing California church elder…

Young Family Unwittingly Caught in Terrifying Home Invasion

An innocent Melbourne family has had to cower in their home as…

Justice Served: Inmate Who Escaped Prison with Blanket Rope After Brutal Crime Finally Sentenced

Main: Michael Burham in court for his sentencing hearing on March 2…