Key Takeaways
• Judge Rodriguez issued a permanent block on using the Alien Enemies Act against Venezuelans in South Texas.
• The ruling clarifies that “invasion” under the Act means actual war, not criminal gangs like Tren de Aragua.
• Venezuelans can only be deported under regular immigration laws, not the Alien Enemies Act, in this region.
A federal judge in the Southern District of Texas has issued a permanent block on the use of the Alien Enemies Act against Venezuelans. This decision stops the U.S. government from using a very old wartime law to detain or deport Venezuelan migrants in South Texas. The ruling, made by U.S. District Judge Fernando Rodriguez Jr., who was appointed by President Trump, is the first of its kind and has attracted much attention and debate.
What Happened and Why It Matters
The main issue in this case was the Trump administration’s use of the Alien Enemies Act. This law, which dates back to 1798, gives the president special powers if there is a war or if a foreign enemy has invaded the United States 🇺🇸. President Trump tried to apply this law to deport Venezuelans, claiming that a Venezuelan gang called Tren de Aragua was an “invasion” or a direct threat to the U.S.
However, Judge Rodriguez found that simply declaring a gang’s presence as an “invasion” was not enough under the Alien Enemies Act. He explained that the law was always supposed to be used only when there was a real war or an armed group coming into the country with the support of a foreign government. The judge said, “The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group… entering… at direction of Venezuela to conquer… Thus, [it] cannot be read as describing conduct that falls within ‘invasion’ for purposes of the AEA.”
This ruling stops the government from using the Alien Enemies Act to remove or jail Venezuelans in the Southern District of Texas. Other immigration laws, such as the Immigration and Nationality Act (INA), still allow the government to deport someone for regular causes, but not under this wartime law in this region.
The Alien Enemies Act and Its History
The Alien Enemies Act is over 200 years old. It is one of the oldest U.S. immigration laws and was meant for times of war with another country. For example, it was used during World War II when there was a declared fight between countries.
The Act gives the president the power to detain or deport people from countries the United States 🇺🇸 is at war with, but only in very serious cases, such as a true invasion or war. Before this case, the government had only used the Act three times, and always during a declared war.
Trying to use the Alien Enemies Act against Venezuelans because of a criminal gang is a big change from how the law had been used before. Judge Rodriguez made it clear that someone being in a gang does not make them an “enemy” in the way the law was written. The decision protects Venezuelans in southern Texas from being removed under this special war-time rule.
How the Case Unfolded in Texas
Everything began in March 2025 when President Trump made a public statement saying Tren de Aragua, a gang from Venezuela 🇻🇪, was a danger and “invading” the U.S. He then tried to use the powers of the Alien Enemies Act to start quick deportations—meaning people could be removed without the usual court hearings.
Immigration and Customs Enforcement (ICE) and other officers started detaining Venezuelans who were accused, or even just suspected, of having ties to this group. Some of these people had already been flown out of the U.S. and sent to prisons abroad—such as El Salvador 🇸🇻—even though ICE admitted many had no criminal record in the U.S. at all.
Once lawsuits were filed, temporary holds stopped the removals while the case moved forward. The latest ruling is a permanent decision, meaning the Southern District of Texas can no longer use the Alien Enemies Act to target these Venezuelans. However, people can still be deported under other regular immigration laws if the government has legal reasons.
The Judge’s Reasons and the Court’s Role
Judge Rodriguez gave two main reasons for his ruling. First, he said using the Alien Enemies Act in a case like this—where there was no true invasion or war—went beyond what Congress intended when it passed the law. Second, he rejected the government’s claim that the president’s use of the Act could not be reviewed by the courts.
He wrote, “Allowing the President to unilaterally define conditions when he may invoke [the Act] would remove all limitations…[and] strip courts of their traditional role.” By saying this, Judge Rodriguez made it clear that courts still have power to review even the president’s actions in the name of national security, at least when it comes to noncitizens.
This decision is important because it sets a new legal line: the president cannot use very old wartime laws in times of peace, especially just by saying that a gang problem is the same as an invasion. The judge’s decision affirms that presidential powers are not unlimited; the courts can step in to decide if the law is being used correctly.
Who Is Affected and What Comes Next
The permanent injunction—the court order that stops the government—only applies to the Southern District of Texas. That means it does not affect other regions of the country. The block is also specific to the Alien Enemies Act. It does not give Venezuelans a free pass to stay in the United States 🇺🇸 but simply removes the wartime law as a tool in the targeted area.
Other ordinary immigration laws can still be used if the government can show someone broke a law or has no legal right to stay. But under this ruling, Venezuelans in South Texas can no longer be deported simply because of a claim about gang ties under the Alien Enemies Act.
The Trump administration may appeal this ruling to higher courts. If that happens, federal appeals courts will take a look. There are also similar legal fights in other states and around the country. So, the fate of the Alien Enemies Act and how far presidents can go with old security laws is still being argued.
Broader Significance and Reactions
This case is already seen as a major event in the immigration world because it draws a hard line against expanding presidential power too far, especially when dealing with migrants from countries like Venezuela 🇻🇪. It’s the first time any court has set such a permanent limit on using this law for peacetime immigration enforcement.
Civil rights groups, including the ACLU, called the decision a victory for due process and the rule of law. Lee Gelernt from the American Civil Liberties Union said, “Congress never meant for this law to be used in this manner.”
On the other side, some supporters of President Trump say strong steps are needed to deal with what they see as criminal threats at the border. Yet the court was clear: even in tough situations, the law can’t be stretched beyond what Congress wrote.
What Makes This Ruling Stand Out
Several points make this case unique:
- It’s the first permanent court order to block the executive branch from using the Alien Enemies Act in this way.
- The court ruled that “invasion,” as used in the law, has a special meaning and cannot just be declared by the president for gang activity.
- The decision reinforces the basic idea that courts must have the final say over big questions about the use of old, powerful government laws.
- While some Venezuelans had already been deported before the court stepped in, many others are now protected from a very fast and harsh removal process in the targeted area.
The Southern District of Texas as a Key Battleground
The Southern District of Texas is a large border area that sees many immigrants, including Venezuelans, each year. Because of this, anything that changes who can be removed or detained here has major effects.
After President Trump’s declaration, ICE began acting quickly, sometimes moving people before they could get a court hearing. But when the court put the temporary hold in place, and now with the permanent block, Venezuelans in South Texas have gained more protection from hasty deportations—at least under the Alien Enemies Act.
Ongoing Legal Debates and Appeals
The Trump administration is likely to appeal Judge Rodriguez’s order. If it goes to a higher court, those judges will have to decide if presidents can really use wartime powers in cases like this. Other pending lawsuits around the United States 🇺🇸 will also be affected.
This case may even go to the Supreme Court, which could set the final rules about when and how such wartime laws can be used against noncitizens and migrants. Until then, this permanent block stands and cannot be ignored by the executive branch in the Southern District of Texas.
How This Ruling Impacts Stakeholders
For Venezuelans who live or traveled through South Texas, this decision brings relief. They are now protected from being quickly removed under a law never meant for peacetime or ordinary crime issues. Yet, they still have to follow all other immigration laws.
For the federal government, the court’s decision is a big reminder: it must stick to the language and original purpose of the law. The president cannot simply expand powers without clear approval from Congress.
For employers, schools, and local communities in South Texas, this ruling can mean less fear of losing workers, students, or neighbors suddenly and without warning. It also brings more stability to those waiting for their immigration cases.
Wider Legal and Historical Meaning
This decision from the Southern District of Texas helps set boundaries for how far presidents can go using old laws. It says presidents can use such power only under the special and clear events Congress described—mostly actual war or true invasion, not just gang problems.
It also strengthens the traditional idea that U.S. courts have an important job: making sure even powerful leaders play by the rules set out in law, especially when it affects people’s rights and freedoms.
VisaVerge.com’s investigation reveals that many legal experts and advocates see this case as a warning to any administration that might want to use national security as a reason to bypass normal checks and court review.
Summary of the Decision
- The Trump administration’s use of the Alien Enemies Act against Venezuelans in the Southern District of Texas has been permanently stopped.
- The ruling confirms the law is only for real wartime or invasions, not ordinary criminal threats from gangs.
- Venezuelans in this area cannot be detained or deported under this law but can still be subject to other normal immigration laws.
- The president’s power under old security laws now has new limits set by this court, at least in southern Texas.
- The legal fight may continue in higher courts, but for now, this is a big step in defining fair rules for how old national security laws are used in immigration.
For full details on the official language of the Alien Enemies Act, you can visit the U.S. Congress’s official page on the Alien Enemies Act.
This case will likely be part of many discussions about the balance between national security and fair treatment of immigrants, especially as other cases test the limits of presidential power. As the story continues, many in the United States 🇺🇸 and beyond will be watching to see what higher courts say next, and how this first-of-its-kind ruling shapes immigration law for years to come.
Learn Today
Alien Enemies Act → A 1798 U.S. wartime law allowing detention or deportation of citizens from enemy countries during actual war or invasion.
Permanent Injunction → A lasting court order stopping a government action, in this case, blocking the Alien Enemies Act’s use for Venezuelan deportations.
Tren de Aragua → A Venezuelan criminal gang whose alleged activity was cited as justification for invoking the Alien Enemies Act.
Southern District of Texas → A federal court region bordering Mexico, crucial for immigration cases and enforcement affecting migrants, particularly Venezuelans.
Immigration and Nationality Act (INA) → The main U.S. immigration law outlining rules for entry, deportation, and the rights and procedures for noncitizens.
This Article in a Nutshell
A federal judge in South Texas permanently blocked the use of the Alien Enemies Act to deport Venezuelans, ruling it is for war, not criminal gangs. The decision protects migrants from fast removals based on gang claims, but allows deportation under general immigration law. Major future policy implications remain.
— By VisaVerge.com
Read more:
• Venezuelans in US eye Canada as deportation fears rise
• US and Mexico work together to deport 500 Venezuelans
• Judge Edward Chen Stops Move to Take Deportation Protections from Venezuelans
• Judge Reviews Use of Alien Enemies Act to Deport Venezuelans
• Venezuelans Who Supported Trump Now Face Uncertainty Over Staying
