Federal judge opens door to Alien Enemies Act targets suing Trump administration
Trump-appointed judge allows targets of Alien Enemies Act to pursue class-action suit
By Danielle Wallace Fox News
Published May 1, 2025 2:32pm EDT
A federal judge has allowed Venezuelans targeted for deportation under the Alien Enemies Act in the Southern District of Texas to proceed with a class-action lawsuit against President Donald Trump's administration.
U.S. District Judge Fernando Rodriguez Jr., who was appointed by Trump during his first term, issued a 12-page order Thursday granting a group of petitioners "class certification."
"The unusual circumstances of this case present a compelling justification to utilize a procedure equivalent to a class action authorized by Rule 23," Rodriguez wrote.
The Trump administration has argued the petitioners have "no basis" to establish a protected legal class "to resolve whether an alien has been properly included in the category of alien enemies–necessarily individual determinations."
The judge considered whether individual "habeas corpus hearings" would be required for every Venezuelan national targeted under the Alien Enemies Act in the Southern District of Texas to determine whether they are members of Tren de Aragua, the Venezuelan gang the State Department designated as a foreign terrorist organization in March. Rodriguez said "requiring individualized habeas corpus proceedings to repeatedly address the common legal issues unduly wastes judicial resources."
Trump issued an executive order March 14, "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua."
About 100 people have been detained in the Southern District of Texas and "designated as alien enemies under the Proclamation," Rodriguez noted.
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