A Donald Trump appointee ruled Thursday that his administration's invocation of the Alien Enemies Act of 1798 to deport alleged gang members was "unlawful."
U.S. District Judge Fernando Rodriguez Jr., of the Southern District of Texas, issued a ruling Thursday finding that the executive branch has the authority to direct the detention and removal of immigrants who engage in criminal activity, but he said the administration must rely on the Immigration and Nationality Act for those proceedings, reported NBC News.
"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.
The Trump appointee found the administration's use of “invasion” does not match the historical use of the term, which he said had been reserved to describe "an organized, armed force entering the United States to engage in conduct destructive of property and human life in a specific geographical area."
Rodriguez issued a permanent injunction prohibiting the use of the Alien Enemies Act to deport, transfer or remove the plaintiffs or other Venezuelan aliens in the Southern District of Texas.
