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Trump-appointed judge strikes down use of wartime powers to fast-track deportations

​Illegal immigrants from El Salvador arrive at the Comalapa international airport after being deported from the U.S. in Comalapa, on the outskirts of San Salvador.

Illegal immigrants from El Salvador arrive at the Comalapa international airport after being deported from the U.S. in Comalapa, on the outskirts of San Salvador.

REUTERS/Ulises Rodriguez
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A Trump-appointed federal judge in Texas just dropped a legal bomb on the president’s immigration playbook. US District Judge Fernando Rodriguez Jr. on Thursday ruled that Donald Trump overstepped his authority by invoking the centuries-old Alien Enemies Act to deport Venezuelan migrants without due process. The administration had used the wartime-era law — designed to target nationals of enemy countries — to justify the fast-tracked removal of over 130 migrants to El Salvador, bypassing hearings and other normal immigration procedures.


Rodriguez’s 36-page opinion torched the legal reasoning behind Trump’s claim that a Venezuelan gang invasion warranted emergency powers. He concluded that the original intent of the law doesn’t align with using it for routine immigration enforcement and that Trump’s move violated the Immigration and Nationality Act, which lays out clear protocols for deportations. Immigrant rights advocates, including the ACLU, celebrated the ruling.

Why it matters: While other courts have temporarily halted similar deportations, this is the first ruling to invalidate Trump’s use of the Alien Enemies Act in this context. The decision only applies to South Texas, and Trump can appeal it, but its legal reasoning that Trump’s use of the Alien Enemies Act exceeds statutory authority could influence other courts and future challenges nationwide.