Washington – A federal judge appointed by President Donald Trump rejected the Trump Administration by the Trump Administration of the Trump Administration on Thursday, the Venezuelans Extraterrestrial Enemies to expel that he is members of the criminal organization Tren of Aragua.
The American district judge Fernando Rodriguez Jr., of the South Texas district, wrote in an opinion that he does not question the authority of the executive power to direct the detention and the referral of foreigners who engage in a criminal activity, and he noted that the administration can continue to rely on the Immigration and Nationality Act for these procedures.
But Rodriguez, who was nominated during Trump’s first mandate, wrote that the question at the center of the trial was whether Trump could use the law on extraterrestrial enemies to hold and remove the Venezuelans who were members of Tren of Aragua, and he argued that “the historical record realized that the Increux terms.”
The Supreme Court had taken a break on the deportations under the Act respecting extraterrestrial enemies at a time when the buses with the Venezuelans were heading to an airport of a detention center in the northern Texas district. Some of them on the bus said they had been informed that they were intended for a prison in Salvador, while others went to Venezuela, according to the wife of one of the detainees and two lawyers representing other prisoners of the establishment.
Until Trump invokes it this year, the Act respecting extraterrestrial enemies was only invoked during the War of 1812, the First World War and the Second World War. Trump, in a proclamation of March 15, said that Tren de Aragua was an designated terrorist organization which “perpetuated, tried and threatened an invasion or a predatory foray against the territory of the United States”.
Rodriguez wrote in his 36 -page opinion that the use by the Trump administration of “invasion” does not correspond to the historical use of the term, which was generally used in the context of military or war. The court concluded that an “invasion” or a “predatory incursion” should be “an organized armed force entering into the United States to engage in the destructive conduct of property and human life in a specific geographic area” but that “must not be a precursor of real war”.
Rodriguez also granted a petition for class status, writing that the “particular circumstances of this case” allowed this appeal because the pursuit involved “the issues of current law which can prove to be devices as to all Venezuelans foreigners of the South Texas District”.
In a final judgment and a permanent injunction, Rodriguez wrote that the administration was permanently permanently using the law on extraterrestrial enemies to expel, transfer or withdraw complainants and other class members, but wrote that they were not prohibited from “carrying out the procedure for referring or otherwise the actor” on the basis of the Immigration and Nationality.
The LEE Genernt of ACLU, the main lawyer representing the complainants, noted that it was the first time that a federal judge has rendered a summary judgment and weighed on the basis of knowing if the Trump administration could use the law on extraterrestrial enemies during peacetime.
“The court correctly judged that the president does not have the power to simply declare that there was an invasion of the United States, then to invoke a war authority of the 18th century in peacetime,” said Genernt. “Congress never wanted this law to be used in this way.”
Julia Ainsley contributed.
