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A federal judge in Texas has ruled that the Trump administration overstepped its authority by using the centuries-old Alien Enemies Act to expedite the deportation of Venezuelan migrants, dealing a significant setback to the administration's immigration crackdown. In a 36-page decision issued...
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Judge Rodriguez, in support of his
ORDER permanently blocking the Trump Administration from detaining, transferring or removing Venezuelans targeted for deportation under the Alien Enemies Act (AEA), discards and dismisses one of the most fundamental age old rules requiring an adherence to “legislative intent”, and he goes on to attach his personal views to the Act to support his order.
Judge Rodriguez writes: “The historical context for the enactment of a statute can prove relevant, but does not dictate the statutory words’ meaning. See, e.g., Airlines for Am. v. Dep’t of Transportation, 110 F.4th 672, 676 (5th Cir. 2024) (confirming that “legislative history is not the law,” and it cannot “muddy clear statutory language”) . . . “
And yet, in Hawaii v. Mankichi, 190 U.S. 197 (1903), our Supreme Court emphatically states:
”But there is another question underlying this and all other rules for the interpretation of statutes, and that is what was the intention of the legislative body? Without going back to the famous case of the drawing of blood in the streets of Bologna, the books are full of authorities to the effect that the intention of the lawmaking power will prevail even against the letter of the statute; or, as tersely expressed by Mr. Justice Swayne in 90 U.S. 380" :
“A thing may be within the letter of a statute and not within its meaning, and within its meaning, though not within its letter. The intention of the lawmaker is the law.”
Those who have actually taken the time and studied the 1798
CONGRESSIONAL DEBATES: ALIEN ENEMIES which created
An act respecting Alien Enemies will find its very purpose and legislative intent, when the United States and her citizens were under threat which involved “aliens”, was to provide the President with extraordinary power, including unobstructed discretionary deportation power, to classify, apprehend, restrain, secure and remove, aliens deemed, as stated in the President’s Proclamation, who pose a threat to the general welfare of the United States and her citizens.
Judge, Fernandez Rodriguez, in his written order, has not only ignored and subverted a fundamental rule of statutory construction requiring an adherence to legislative intent, but has done so to prevent the deportation of millions upon millions of poverty-stricken, poorly educated, low-skilled, diseased, disabled, criminal, un-vetted terrorist and religious fanatic foreign nationals who have entered the United States illegally, and are now inflicting devastating pain and suffering upon American Citizens and their children, which includes murder, rape, theft, assault, not to mention overburdening our emergency care rooms, public schools and public housing, all of which are meant for American citizens and their children, and not the illegal entrant aliens who Judge Rodriguez is protecting with his subversive and tyrannical order.
JWK
Our courts, federal and state, are infested with FIFTH COLUMN activist judges (Judge Charlotte Sweeney, Judge Landya McCafferty, Judge Shelley Joseph, Judge Indira Talwani, Judge Amy Berman Jackson, Judge Hannah Dugan, Judge Fernandez Rodriguez, Judge James Boasberg, Judge Randolph Moss, Judge William Alsup, Judge Loren AliKhan,. . and many others), who are intent on undermining the general welfare of the United States and her citizens.
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