Judge Fernando Rodriguez Jr. — whom President Donald Trump appointed in his first term — ruled the president was misusing the Alien Enemies Act. | Al Drago/Bloomberg via Getty Images
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Welcome to The Logoff: A federal judge today barred President Donald Trump from using a wartime powers law to rapidly remove people from the country, kicking off a legal struggle that could derail a major part of his deportation agenda and set up another showdown between the administration and the courts.
What’s the context? Trump invoked the 1798 Alien Enemies Act in March, saying he needed wartime deportation powers because a Venezuelan gang has invaded the US. The administration used the law to bypass due process hearings as it sent dozens of men to a Salvadoran prison. (The administration said the men were all gang members, though in many cases, those accusations have been challenged.)
But today, Judge Fernando Rodriguez Jr. — whom Trump appointed in his first term — ruled the president was misusing the act. Gang activity, the judge said, did not meet the legal definition of an “invasion.”
How is this ruling different from other immigration decisions? Other rulings have limited what the administration can do under the Alien Enemies Act declaration, but did not rule on the legality of invoking the act itself. This one does, and if upheld more broadly, it would undermine a major piece of the administration’s effort to quickly conduct mass deportations.
What’s next? For now, the ruling only applies to his south Texas district, where many migrants are being held. But the administration is certain to challenge this ruling, sending it to higher courts whose rulings are binding more broadly. The first stop is the extremely Trump-friendly Fifth Circuit Court of Appeals, but we’re likely to get an ultimate answer from the Supreme Court.
And what’s after that? If the Supreme Court were to strike down Trump’s use of the act, it would set up a showdown between the two co-equal branches of government, as the administration has sidestepped previous immigration court orders and has argued the courts have limited authority over Trump’s foreign policy decisions.
And with that, it’s time to log off…
If you’re looking for a fulfilling watch, I highly recommend Love on the Spectrum, a Netflix show about people on the autism spectrum making early forays into romance. It’s touching and entertaining and a good reminder of the excitement — and accompanying anxiety — of the search for human connection. As an added bonus, you can hear two of the show’s stars on today’s episode of our podcast Today, Explained, where they discuss autism policy in the US. Thanks for reading, and I’ll see you back here tomorrow.
