A federal judge appointed by Donald Trump issued the first ruling rejecting the use of a wartime statute that provided the entire legal basis for the administration sending immigrants to El Salvador.
Two others might follow in Colorado and New York, where a federal judge recently compared the Trump administration’s actions to an “Inquisition like in Medieval times.”
Possible Action Item:
The civic engagement app 5 Calls makes it easy to find your reps and ring them about immigration issues.
Before Trump, U.S. presidents had only invoked a wartime statute known as the Alien Enemies Act three times in history: during the War of 1812, World War I and World War II.
The Alien Enemies Act (AEA) applies only during a “declared war between the United States and any foreign nation or government” or “any invasion or predatory incursion.”
Over in Texas today, U.S. District Judge Fernando Rodriguez, Jr. — appointed to the Southern District of Texas by Trump in 2018 — meticulously found that none of those categories applied.
“For these reasons, the Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful. Respondents do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country,” the 36-page opinion states.
When the news came down, I was in the Southern District of New York to observe and report on today’s Law Day ceremony, where a big crowd of attorneys renewed their oath in public to oppose the “full-blown assault” on the rule of law.
So Harry and I did this Substack Live outside the Daniel Patrick Moynihan Courthouse shortly before that ceremony, with the building in the background, my arm at a 90-degree level, and a phone in my hand to give you the quick and immediate context on this ruling.
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