One of Trump’s Key Moves Was Just Struck Down—by a Judge He Appointed
Donald Trump is dealt another massive blow to his immigration agenda.

A federal judge has barred the Trump administration from deporting immigrants on the basis of the Alien Enemies Act of 1798, ruling Thursday that the use of the World War II-era policy to banish alleged Tren de Aragua gang members from the country without due process is illegal.
In a 36-page opinion, U.S. District Judge Fernando Rodriguez ruled that Tren de Aragua’s presence did not constitute an “invasion,” as Donald Trump had previously claimed. Rodriguez, a first-term Trump appointee, wrote that the administration had inappropriately invoked the law, which only applies when the nation is facing an armed, organized attack by an invading country.
“The Proclamation exceeds the scope of the statute and, as a result, is unlawful,” Rodriguez decided. “[Administration officials] 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.”
In March, the White House made a spontaneous decision to defy a court order by deporting more than 200 alleged members of the Venezuelan gang to El Salvador under the cover of the wartime policy.
Even after a U.S. district court judge ordered that the immigrants should remain in the U.S. as they await trial, Trump officials thwarted the law and sent the men sky bound regardless.
Trump justified the infraction by claiming Venezuelan immigration into the country constituted an “invasion,” and described the current era as a “time of war.” The men were taken to a notorious prison in El Salvador known as CECOT, where the U.S. government is paying El Salvador more than $20,000 per deportee to imprison the men.
Many of the accused men believed that they had been targeted for deportation due to their tattoos. ICE officials have admitted that the immigration agency has used tattoos to tie individuals to gangs, despite the fact that experts argue Venezuelan gangs do not use identifying tattoos.
In April, a U.S. circuit judge stated that the Trump administration’s use of the Alien Enemies Act to force immigrants out of the country had treated asylum-seekers worse than prior presidents treated actual German Nazis during World War II.