Federal Judge Blocks Trump’s Use of Alien Enemies Act to Deport Venezuelan Gang Suspects

Even as America faces an all-out assault on its southern border from violent foreign gangs, a federal judge has stepped in to block the Trump administration from using one of the oldest national defense laws on the books the Alien Enemies Act to deport Venezuelan nationals with alleged ties to a brutal criminal cartel.

In a ruling that stunned conservatives and delighted the left, U.S. District Judge Fernando Rodriguez Jr. a Trump appointee granted class certification to Venezuelans held in the Southern District of Texas and issued a permanent injunction against President Trump’s March 14 Proclamation invoking the Alien Enemies Act (AEA) to detain and deport suspected members of the Tren de Aragua (TdA) gang.

Let’s be clear about what just happened:

• The Trump administration deported at least 137 Venezuelans under the AEA after designating TdA a foreign terrorist organization.

• The Proclamation labeled TdA’s operations in the U.S. an “invasion,” citing cartel-driven violence, human trafficking, and terrorism.

• The judge ruled that “invasion” under the AEA doesn’t apply to TdA even though the gang is state-sponsored and involved in multi-national organized crime.

This decision, delivered in a 36-page opinion, undermines a legal tool that has only been used during national crises—the War of 1812, World War I, and World War II. Apparently, a transnational gang infiltrating the U.S. with the backing of a hostile socialist regime doesn’t make the cut anymore.

Judge Rodriguez argued that there was “no reference” in Trump’s proclamation to an armed invasion ordered by Venezuela, stating that such language would be necessary to trigger the AEA. In other words, unless Venezuelan tanks are rolling across Texas, the President’s hands are tied.

Meanwhile, relatives of deported Venezuelans claim they’re not TdA members, despite U.S. intelligence linking the gang to extortion, drug trafficking, and paramilitary tactics across Latin America and now within U.S. cities. Trump’s critics are using these claims to push the narrative that the crackdown is unjustified and discriminatory ignoring the gang’s track record of violence and mayhem.

The court also found that Trump’s order violated due process and international conventions. Yes, you read that correctly: a violent foreign national with suspected ties to a terror-linked cartel must now be given more “reasonable time” to contest deportation while Americans continue to suffer under cartel-driven chaos at the border.

Consider the facts:

• Over 7.2 million Venezuelans have fled the Maduro regime in recent years, many aided by smuggling networks tied to TdA.

• The gang has been linked to operations in Texas, Florida, and New York, embedding itself within migrant waves entering through Biden-era border loopholes.

• The 5th Circuit Court of Appeals, one of the most conservative in the nation, will likely take up the case next if the Trump administration appeals.

This ruling sets a dangerous precedent. By shielding suspected terrorists from removal using outdated legal technicalities, it puts American communities at risk and effectively ties the hands of the executive branch during a national security emergency.

Trump’s bold use of the AEA sent a clear message America will not tolerate foreign-backed gangs flooding our streets with violence. Now, thanks to judicial overreach, that message is being diluted and fast.

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