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- Oct 28, 2017
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A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place
Despite the reams of documents, hours of hearings and the unlawful expulsion of Venezuelan detainees, no judge had ruled on whether the Trump administration can even apply the Alien Enemies Act to these alleged gang members — until Thursday.U.S. District Judge Fernando Rodriguez Jr., a Trump appointee in the Southern District of Texas, ruled that the administration’s contortion of the law — meant to spring to life when a “foreign nation or government” is carrying out an “invasion or predatory incursion” into the United States — went far beyond its scope. The Trump administration has argued that the Venezuelan government, through alleged members of the gang Tren de Aragua, is “invading” the United States.
“The historical record renders clear that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms,” Rodriguez wrote. “As a result, the Court concludes that as a matter of law, the Executive Branch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners and the certified class, or to remove them from the country.”
A Judge Finally Rules Trump Can’t Apply Alien Enemies Act To Alleged Gang Members In The First Place
Despite the reams of documents, hours of hearings and the unlawful expulsion...talkingpointsmemo.com
The clock is ticking on how long it will be for trump fans to throw this trump appointee under the bus.