President Donald Trump’s invocation of the Alien Enemies Act has faced intense preliminary litigation in courts around the country, leading to rulings such as the Supreme Court’s insistence that people potentially subject to the act must receive due process. But a new and significant ruling from a Trump-appointed judge Thursday gets to the heart of the matter, deeming the president’s invocation itself “unlawful.”
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But U.S. District Judge Fernando Rodriguez Jr. said that Trump’s invocation “exceeds the scope of the statute and, as a result, is unlawful.” The judge said the administration therefore can’t use the act to detain Venezuelans, transfer them within the U.S. or remove them from the country. The ruling applies to a class of plaintiffs in the Southern District of Texas.
