Federal Judge Blocks Use of Alien Enemies Act in Deportation Cases

The Danger of Misusing Wartime Powers Against Immigrants

In a major legal victory for immigrant rights, a federal judge in Texas has halted deportations carried out under the Alien Enemies Act, a Civil War-era law never intended to apply to peaceful asylum seekers. The ruling, issued by U.S. District Judge Fernando Rodriguez Jr., is a direct response to the federal government’s attempt to justify expedited deportations by invoking “wartime” powers in non-war times. This decision has far-reaching consequences not just for Venezuelan nationals, but for all non-citizens in the U.S. who face removal without fair judicial review.

🔗 Read the full story from The Wall Street Journal

AI generated Migrants down the long path of struggle to the United States.

What Is the Alien Enemies Act?

The Alien Enemies Act is part of a series of laws passed in 1798 under the controversial Alien and Sedition Acts. It grants the president the authority to detain or deport nationals of enemy countries during declared wars. Historically, it has only been used during formal armed conflicts—World War I and II being the most notable examples.

Yet, in recent years, the federal government sought to use the Act to fast-track deportations of noncitizens from nations like Venezuela, where political instability and humanitarian crises have driven thousands to seek asylum in the U.S.

The Case: J.A.V. v. Trump

In this landmark case, attorneys representing a Venezuelan asylum seeker known as J.A.V. challenged the legality of their client's expedited removal under the Alien Enemies Act. The government argued that Venezuelan nationals posed a threat due to alleged gang affiliations and thus were subject to swift removal.

However, Judge Fernando Rodriguez Jr. of the Southern District of Texas issued a permanent injunction, ruling that the government’s actions:

• Exceeded the scope of the Alien Enemies Act;

• Lacked due process protections;

• Created a dangerous precedent for future misuse of executive authority.

“This law was never intended to be used as a blanket justification for deportation,” Judge Rodriguez stated in his decision. He emphasized that the absence of a formal declaration of war made the administration's interpretation unconstitutional.

🔗 Learn more about the ruling in Reuters' coverage

Why This Matters for Texas and the Nation

As a Houston-based immigration attorney, I see firsthand the real-world consequences of federal overreach. Attempting to use a 200-year-old wartime statute to strip immigrants of legal protections is not only unlawful—it’s inhumane.

In Texas, where immigration policy is constantly under political scrutiny, this case provides three important takeaways:

1. Judicial Oversight Matters: Without courts checking executive actions, due process can vanish overnight.

2. Asylum Seekers Deserve a Voice: Many of these individuals are fleeing violence, poverty, and persecution—not perpetuating it.

3. Mislabeling Immigrants as “Enemies” Sets a Dangerous Precedent: If the Alien Enemies Act can be stretched today, what’s next?

How We’re Helping Immigrants in Texas

At our firm, we are committed to fighting deportations that violate the law and threaten family unity. Our team:

✅ Challenges unlawful removals in court✅ Files emergency stays and injunctions when ICE overreaches✅ Works with federal appellate attorneys on precedent-setting litigation

We believe that every immigrant deserves a fair hearing—not a fast-track ticket out of the country based on outdated, misused laws.

What You Can Do

If you or someone you love is facing deportation under questionable legal grounds, don’t wait. Here’s how you can take action:

• 📞 Contact an immigration attorney immediately

• 📄 Request all documentation, including Notice to Appear (NTA)

• 🧑‍⚖️ Know your rights during ICE interviews or detentions

• 🗞️ Stay informed on policy changes through verified news sources

And finally, subscribe to our monthly newsletter to stay updated on immigration law and policy shifts directly impacting Texas residents.

Conclusion: A Win—But The Fight Continues

While this ruling is a clear win for justice, it reminds us that immigration law remains one of the most contested legal arenas in America. As long as policies are introduced that endanger constitutional protections, we must remain vigilant and prepared to challenge them.

If you’re navigating immigration proceedings or simply want to understand your rights, we’re here to help.

📍 Serving Houston, Harris County, and surrounding areas with unwavering advocacy for immigrant communities.