US judge temporarily stops west Texas immigrant deportations under Alien Enemies Act
Source: msn/AP
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A federal judge in west Texas joined other courts in temporarily blocking the deportations of Venezuelan immigrants under an 18th-century wartime law known as the Alien Enemies Act.
U.S. District Judge David Briones in El Paso, Texas, issued the ruling Friday while he ordered the release of a couple accused of being members of a Venezuelan criminal gang. Briones wrote that government lawyers “have not demonstrated they have any lawful basis" to continue detaining the couple on a suspected alien enemy violation. A message left with an attorney for the couple wasn’t immediately returned Saturday.
The couple is accused of being part of Tren de Aragua, which the Trump administration has designated a foreign terrorist organization. Trump has invoked the Alien Enemies Act from 1798 that lets the president deport noncitizens 14 years or older who are from a country with which the U.S. is at war.
Earlier this month, the U.S. Supreme Court blocked, for now, the deportations of any Venezuelans held in northern Texas under the act. The high court also ruled anyone being deported under Trump's declaration deserved a hearing in federal court first and are given “a reasonable time” to contest their pending removals.
Read more: https://www.msn.com/en-us/politics/government/us-judge-temporarily-stops-west-texas-immigrant-deportations-under-alien-enemies-act/ar-AA1DFFfV

LetMyPeopleVote
(163,858 posts)The Texas judge’s ruling is significant because it dealt head-on with the merits of the wartime law. It’s not the last word on the issue.
Link to tweet
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alien-enemies-act-invocation-unlawful-rcna204232
The 1798 act was previously used only during declared wars. The text of the act says it’s for “[w]henever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government.”.....
The Trump appointee reviewed the historical record from the time of the act’s passage and found that the terms “invasion” or “predatory incursion” are meant to refer to “an organized, armed force entering the United States to engage in conduct destructive of property and human life in a specific geographical area.” Applying that background to Trump’s proclamation, the judge said TdA’s activities as described in the proclamation don’t qualify under the act.
While this is just one ruling from one (Trump-appointed) judge in one district, it shows the difficulty the administration could face in ultimately prevailing before the Supreme Court on the merits of the issue. Other trial and appellate court judges around the country could also favorably cite Rodriguez’s ruling if they agree with it, though they wouldn’t be bound by it. Trial judges are bound by appellate rulings in their circuits, and all judges are bound by the Supreme Court. Rodriguez sits in the 5th U.S. Circuit Court of Appeals, the most conservative circuit, which would typically be the next step on the appellate chain if the government chooses to challenge the ruling.
In any event, Rodriguez’s decision doesn’t prevent the administration from using normal immigration authorities outside the rarely used act to carry out deportations.
The new ruling also underscores the illegality of the administration having already summarily removed people to El Salvador under the act and deposited them into a notorious prison there. Lawyers are also pressing to get them returned to the United States. And the ruling comes as the administration fights against returning Kilmar Abrego Garcia, a Salvadoran native who was also illegally deported to that country (albeit not under the Alien Enemies invocation).
The invocation of the Alien Enemies Act is not supported by the law and I am shocked that it has taken this long for a court to rule on this act. I saw that trump is appealing directly to SCOTUS and by passing the 5th Circuit. This will be fun to watch.