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A federal judge has opened the door for Venezuelans facing deportation under the Alien Enemies Act to pursue a class-action lawsuit against the Trump administration. This decision, made in the Southern District of Texas, marks a significant legal development for those impacted by the government’s immigration policies.
U.S. District Judge Fernando Rodriguez Jr., who was appointed by former President Donald Trump, issued a 12-page order on Thursday. The judge granted class certification to a group of petitioners, enabling them to collectively challenge their designation as alien enemies.
In his ruling, Rodriguez emphasized the unique circumstances of the case, stating that they justify the use of a class action procedure as authorized by Rule 23. This legal provision allows individuals with common claims to sue as a group, streamlining the judicial process.
The Trump administration has contended that the petitioners do not meet the criteria to form a protected legal class. They argue that determining whether an individual qualifies as an alien enemy requires separate assessments for each case. This response has sparked further legal questions and challenges.
In evaluating the case, the judge considered whether each Venezuelan national targeted under the Alien Enemies Act should undergo individual habeas corpus hearings. This determination stems from whether these individuals are associated with Tren de Aragua, a Venezuelan gang designated as a foreign terrorist organization by the State Department in March.
Rodriguez stated that conducting individual habeas corpus proceedings for everyone caught in this situation would lead to inefficient use of judicial resources. Instead, he affirmed that the matter raises several common legal questions that can be addressed collectively.
On March 14, Trump issued an executive order invoking the Alien Enemies Act in response to the actions of Tren de Aragua. The proclamation has led to the detention of approximately 100 individuals labeled as alien enemies in the Southern District of Texas.
In his ruling, Judge Rodriguez noted that the case involves numerous common legal issues but also recognizes the necessity for some individualized hearings to resolve specific questions. The petitioners contest the legality of the President’s invocation of the Alien Enemies Act, positing that the government’s application violates their due process rights under the Constitution.
They further claim that the procedures being pursued lack compliance with the Immigration and Nationality Act and the Convention Against Torture. The complexities surrounding these allegations show the multifaceted nature of the legal challenges at hand.
Judge Rodriguez’s order suggests that a favorable legal decision for any individual could significantly influence the outcomes for other Venezuelans classified under the proclamation. However, he acknowledges that the unique circumstances of each individual necessitate tailored factual inquiries.
Rodriguez stated that while it’s essential to establish consistent legal standards, the hearings will need to reflect the different contexts surrounding each individual case. Furthermore, he pointed out that the Trump administration’s stance relies heavily on the characterization of the situation as an invasion, a term that pertains strictly to historical precedents.
Notably, even if currently deported Venezuelans fell under the classification of the gang, the judge ruled that the presence of Tren de Aragua in the United States does not meet the legal threshold of an invasion as defined by federal law.
This ruling is crucial as it represents the first formal legal injunction against the Trump administration’s use of the Alien Enemies Act in this context. The administration has asserted that Tren de Aragua operates at the behest of the Venezuelan government; however, Rodriguez’s decision significantly challenges this viewpoint.
The language of the proclamation, according to the judge, fails to suggest any genuine threat from an organized group intent on conquering or taking control of American territory. He remarked that the historical application of the Alien Enemies Act has been limited to wartime situations, specifically during the two World Wars and the War of 1812.
Should the Trump administration choose to appeal, the case would progress to the 5th U.S. Circuit Court of Appeals, known for its conservative leanings. In the past, this court has challenged perceived executive overreach on immigration matters from both previous and current administrations.
The Supreme Court has already addressed deportations under the Alien Enemies Act, ruling that migrants alleged to be gang members must have reasonable time to contest their removals. This precedent could significantly impact the ongoing litigation related to the current case.
The Associated Press and Reuters contributed to this report.