Judge Nixes Trump’s Plan – UNLAWFUL!?

In an outrageous new attempt by a pro-left judge to hurt the president’s policies, Judge Fernando Rodriguez Jr. has halted Donald Trump’s use of the Alien Enemies Act to deport Venezuelan gang members from South Texas.

See the tweet below!

This ruling raises significant questions about the extent of presidential power, leaving supporters clamoring for answers.

On May 1, 2025, a federal judge declared Trump’s use of the Alien Enemies Act to deport members of the Tren de Aragua gang as “unlawful.”

Judge Rodriguez ruled that the statute, which historically applies during instances of war or actual invasions, did not align with the current situation at the southern border.

President Trump invoked the act claiming Venezuelans were part of a gang conducting “irregular warfare.”

However, the judge firmly refuted this, stating that an “armed organized attack” did not exist, thus rendering the application of the law inappropriate.

The Alien Enemies Act, established in 1798, was previously used during major wars like World War II.

Judge Rodriguez emphasized that the president’s actions exceeded the boundaries set by the law.

“Allowing the President to unilaterally define the conditions when he may invoke the AEA, and then summarily declare that those conditions exist, would remove all limitations to the Executive Branch’s authority under the AEA,” Rodriguez remarked.

“The historical record renders clear that the president’s invocation of the AEA… is contrary to the plain, ordinary meaning of the statute’s terms,” the judge added.

This ruling highlights the continuing conflict between executive authority and judicial oversight.

The court concluded that the Alien Enemies Act cannot be used to detain or remove the petitioners, marking the first time a federal judge has declared this use “unlawful.”

Furthermore, the action reaffirms the judiciary’s role in interpreting the extent of presidential powers.

The administration’s initial claim that the Tren de Aragua gang was part of a “hybrid criminal state” acting on behalf of Venezuela lacks substantial evidence of invasion or hostility.

If appealed, this case could proceed to the conservative 5th U.S. Circuit Court of Appeals, known for previous rulings against immigration overreach.

“Allowing the President to unilaterally define the conditions when he may invoke the AEA… would strip the courts of their traditional role of interpreting Congressional statutes,” Judge Rodriguez ruled.

While this permanent injunction restricts AEA-based deportations, it does not impact actions under the Immigration and Nationality Act.

The ruling forms part of broader litigation against Trump’s proclamation, with organizations like the ACLU striving to limit executive actions deemed unlawful.