Federal Judge Says Trump’s Use of Alien Enemies Act Is Unlawful, Blocks Deportations

The judge, who barred deportations of accused Venezuelan gang members in his district, appears to be the first to rule on the order’s merits.

U.S. military personnel 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, at the El Salvador International Airport in San Luis Talpa, El Salvador, on April 12, 2025. Secretaria de Prensa de la Presidencia/Handout via Reuters

A federal judge on May 1 ruled that President Donald Trump’s use of the 1798 Alien Enemies Act (AEA) to deport suspected Venezuelan gang members is unlawful, and barred the government from deporting alleged gang members in southern Texas.

In a 36-page order that sided with plaintiffs against the Trump administration, District Judge Fernando Rodriguez Jr. of the U.S. District Court for the Southern District of Texas said that using the AEA to deport Venezuelan nationals accused of being gang members is against the law.