Judge Halts Deportation of Venezuelans Under 1798 Law
- paola vanessa romero rondon
- May 4
- 3 min read
A federal judge in Texas blocks the deportation of Venezuelans under a 1798 wartime law. Learn what this means for migrants in the U.S.
A federal district judge in Texas, appointed by Trump during his first term, has ruled that it is “illegal” to use the 1798 Alien Enemies Act to remove Venezuelan nationals from U.S. territory. The decision represents a major legal obstacle to the mass deportations that had been carried out under this law.
1798 Alien Enemies Act: This wartime law allows the U.S. president to order the removal of foreign nationals from countries considered enemies during an armed conflict. The law was last used during World War II and has sparked controversy over human rights violations.
The Trump administration invoked this law to fast-track the expulsion of South Americans suspected of being linked to the transnational criminal gang Tren de Aragua. A decree signed in March claimed the gang had "invaded" the U.S., justifying the use of the law to deport its alleged members with minimal judicial proceedings.
This strategy was devised by Stephen Miller, then National Security Advisor to the president.
Judge Fernando Rodríguez Jr. of the Southern District of Texas ruled that using this law in this context is illegal. While he acknowledges that the executive branch has the authority to detain and deport foreign nationals for crimes or criminal activity, he found that the 1798 law cannot be applied unless the country is at war.
Judge Fernando Rodríguez Jr. of the Southern District of Texas ruled that using this law in this context is illegal. While he acknowledges that the executive branch has the authority to detain and deport foreign nationals for crimes or criminal activity, he found that the 1798 law cannot be applied unless the country is at war.
“This Court finds that such activities do not align with the plain meaning of ‘invasion’ or ‘predatory incursion’ as intended by the Alien Enemies Act,” the judge stated in his ruling.
Rodríguez Jr. ruled that invoking the law exceeds the scope permitted by the statute and therefore deems it unlawful.
This decision stems from a previous case in which the judge temporarily blocked the deportation of three Venezuelan nationals accused of being part of Tren de Aragua. They were being held at an immigration detention center in South Texas and had not received sufficient notice to mount a legal defense.
The Congressional Hispanic Caucus applauded the ruling, stating it confirms the misuse of the law by the administration. In their words:
“All those who have been unlawfully deported must be returned. Those facing criminal charges should be tried in court, and those facing deportation must receive due process in immigration court.”
So far, the White House has not responded to the ruling. However, the decision can be appealed. If appealed, the case would go before the Fifth Circuit Court of Appeals, based in New Orleans—a court known for issuing rulings that favor conservative positions on immigration matters.
Source: El País
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