Another Judge Rules Against Trump’s Invocation of Alien Enemies Act

The judge says the president didn’t cite an actual invasion and that he violated the Fifth Amendment.

Salvadoran prison guards escort alleged members of the Venezuelan gang Tren de Aragua and the MS-13 gang recently deported by the U.S. government to be imprisoned in the Terrorism Confinement Center (CECOT) prison, as part of an agreement with the Salvadoran government, in Tecoluca, El Salvador, in this handout image obtained March 31, 2025. Secretaria de Prensa de la Presidencia/Handout via REUTERS

A federal judge in Texas became the latest on June 9 to hold that President Donald Trump had misapplied the Alien Enemies Act in attempting to remove from the United States purported members of the Venezuelan Tren de Aragua gang.

In a 56-page opinion, U.S. District Judge David Briones said that Trump violated the Constitution’s guarantee of due process and failed to demonstrate that Tren de Aragua (TdA) was engaged in the type of invasion that allowed presidents to invoke the Act. His comments echoed those of three other federal judges but conflicted with at least one in Pennsylvania.