Judges Push Back on Trump’s Use of Alien Enemies Act to Deport Migrants
President Trump poses for a photo with the North Dakota State University Bison football team on April 9, 2025. (Official White House Photo)
Two federal judges in Texas and New York have moved to block the Trump administration’s use of an 18th-century wartime law to deport Venezuelan migrants without due process, setting up a high-stakes legal battle over immigration enforcement and executive power.
Article by Stella Smith, Associate White House Correspondent
BROWNSVILLE, TX - On Wednesday, April 9th, a Texas district judge issued a temporary order halting the Trump administration’s use of the Alien Enemies Act - a law dating back to 1798 which allows the U.S. government to detain or deport nationals from countries with which it is at war - to deport individuals from a South Texas immigration detention center without due process. Shortly thereafter, a second judge in New York announced plans to issue a similar order protecting migrants detained in New York’s Southern District.
More specifically, in Brownsville, TX, U.S. District Judge Fernando Rodriguez Jr. blocked the removal of any person held in El Valle Detention Center in Raymondville.
This ruling is a result of President Trump’s decision to invoke the Alien Enemies Act of 1798 after declaring the Venezuelan gang Tren de Aragua an invading force. Since this wartime law was activated, immigration officials have deported hundreds of people without proper due process and immigration hearings.
Many of these detainees have ended up in a notorious El Salvador prison called the Terrorism Confinement Center, or CECOT, known for its harsh conditions and human rights violations. The Trump administration has announced plans to pay El Salvador $6 million to detain roughly 300 alleged members of the Tren de Aragua gang for one year.
These rulings stem from separate habeas petitions – one filed in Texas by the American Civil Liberties Union (ACLU) and the ACLU of Texas, and another in New York by the ACLU Foundation. They come on the heels of Monday’s U.S. Supreme Court decision granting the Trump administration the authority to use the Alien Enemies Act to deport the individuals it claims are members of the Tren de Aragua gang.
In Texas, the ACLU filed a lawsuit on behalf of three Venezuelan detainees held at the El Valle Detention Center. Judge Rodriguez issued an order explicitly blocking the removal of the plaintiffs identified in the lawsuit as W.G.H., J.G.G., and J.A.V.
Judge Rodriguez proceeded to expand the scope of his order, barring the Trump administration from deporting any person currently being held in the El Valle Detention Center who has been flagged for removal under President Trump’s March 15th proclamation targeting alleged members of Tren de Aragua. This ruling also prohibits the transfer or relocation of those individuals without a court order.
A hearing has been scheduled for this Friday, April 18th, to determine whether the temporary restraining order should be extended, or if other forms of emergency relief should be issued. This order will continue to be in effect until April 25th. With the deadline looming, this case marks a crucial test of the Trump administration’s authority and the legal limits of immigration enforcement under the Alien Enemies Act.