Trump-Appointed Judge Deals Major Blow to Admin's Use of Alien Enemies Act

Fernando Rodriguez Jr., a federal judge in Texas appointed by President Donald Trump during his first term, will allow migrants targeted by the Alien Enemies Act in South Texas to proceed with a class action against the government and declared the president's use of the act to be unlawful.

Newsweek reached out to the White House and the Department of Homeland Security (DHS) for comment by email on Thursday afternoon.

Why It Matters

The Trump administration kicked off a massive deportation operation across the country, empowering federal authorities to arrest migrants suspected of ties to the gangs Trens de Aragua (TdA) and MS-13. Trump declared the groups Foreign Terrorist Organizations (FTO), which expanded the capabilities of those agencies to go after suspected members.

Trump went a step further and invoked the Alien Enemies Act of 1798, which is a wartime law passed in order to grant the president authority to detain, restrict or deport foreign nationals from a country that is at war with the United States. Trump has argued that the gangs are invading the U.S. and therefore warrant wartime treatment.

Civil rights groups have consistently pushed back against the administration's efforts, raising concerns that it was ignoring due process. The administration has argued that these individuals, who are now labeled terrorists, are exempt from the rights of American citizens.

What To Know

Rodriguez Jr. issued two opinions and orders on Thursday in the U.S. District Court Southern District of Texas, responding to a petition by individuals to allow them to certify as a class against the administration and sue Trump for the use of the Alien Enemies Act.

"For these reasons, it is: ORDERED that the Petitioner's Motion for Class Certification (Doc. 4) is GRANTED to the extent indicated in this Order and Opinion," Rodriguez wrote in his first opinion. He added that the court certifies the class as Venezuelan aliens, 14 years old or older, who have not been naturalized and were targeted as alien enemies under the act.

The ruling is based on the fact that trying to resolve each individual case of the alleged gang members would prove "so numerous" that it "unduly wastes judicial resources."

In a follow-up opinion, Rodriguez Jr. declared: "For these reasons, the Court concludes that the President's invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful. Respondents [the Administration] do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country."

Rodriguez Jr. will also look to bar the administration from using the Alien Enemies Act against the certified class, calling such protection "warranted."

Rodriguez appointed Lee Gelernt of the American Civil Liberties Union (ACLU) Foundation as the lead council for the class.

Three individuals, identified by their initials J.A.V., J.G.G., and W.G.H., aimed to create a class that includes "all noncitizens in custody in the Southern District of Texas who were, are, or will be subject to the [Proclamation] and/or its implementation," referring to Trump's use of the Alien Enemies Act.

Rodriguez Jr. noted a lack of previous cases that addressed the ability to certify a class in the case of a habeas contention - meaning the right for an individual to stand trial - though he cited a 1972 circuit court opinion that rejected the argument that "a petition for writ of habeas corpus can never be treated as a class action."

What Happens Next

Rodriguez Jr. will issue a final judgement with appropriate relief in the coming days.

This is a developing news story and will be updated as more information is available.

Update: 5/1/25, 1 p.m. ET: This article has been updated with additional information.