Trump-appointed judge allows Alien Enemies Act targets’ class-action suit

A federal judge in the Southern District of Texas has granted Venezuelans targeted for deportation under the Alien Enemies Act the ability to proceed with a class-action lawsuit against President Donald Trump’s administration. U.S. District Judge Fernando Rodriguez Jr., appointed by Trump, issued an order allowing a group of petitioners “class certification.” The judge cited the unique circumstances of the case as justification for utilizing a class action procedure authorized by Rule 23.

The Trump administration had argued that the petitioners had no basis to establish a protected legal class and that individual determinations were necessary to resolve whether an alien had been properly classified as an alien enemy. However, Rodriguez determined that requiring individualized habeas corpus hearings for each Venezuelan national targeted under the Alien Enemies Act would waste judicial resources.

In March, Trump issued an executive order invoking the Alien Enemies Act regarding the invasion of the United States by the Venezuelan gang Tren de Aragua. More than 100 people have been detained in the Southern District of Texas and designated as alien enemies under the Proclamation. The petitioners challenge the lawfulness of the President’s invocation of the Alien Enemies Act and argue that the procedures violate their due process rights.

Rodriguez’s ruling also stated that the Trump administration could not rely on the Alien Enemies Act to deport Venezuelans who are Tren de Aragua members, as the gang’s presence in the U.S. does not constitute an invasion or predatory incursion under federal law. The judge concluded that the President’s invocation of the Alien Enemies Act through the Proclamation was unlawful.

In April, Rodriguez issued a temporary restraining order preventing the administration from removing Venezuelans held at the Raymondville detention center. The ruling was later expanded to protect all Venezuelans detained in his district from deportation. This ruling marks the first formal permanent injunction against the administration’s use of the Alien Enemies Act.

If the administration appeals, it would go to the 5th U.S. Circuit Court of Appeals in New Orleans, known for its conservative leanings. The Supreme Court has previously ruled that migrants alleged to be gang members must be given a reasonable opportunity to contest their removal from the country.

Overall, Rodriguez’s ruling represents a significant legal challenge to the administration’s use of the Alien Enemies Act and underscores the importance of protecting due process rights for all individuals, regardless of their immigration status.