Federal Judge Launches a Predatory Incursion Against the Alien Enemies Act

[rangerrebew]

Federal Judge Launches a Predatory Incursion Against the Alien Enemies Act
Ruling not as bad for the administration as it might first appear
 
By George Fishman on May 6, 2025

Summary
Judge Fernando Rodriguez, Jr., of the U.S. District Court for the Southern District of Texas permanently enjoined the Trump administration “from detaining, transferring, or removing” three Venezuelan plaintiffs detained in Texas and members of a similar class under the Alien Enemies Act based on President Trump’s proclamation ordering the apprehension, restraint, securing, and removal of “all Venezuelan citizens 14 years of age or older who are members of [the Venezuelan transnational criminal organization Tren de Aragua] TdA, are within the [U.S.], and are not actually naturalized or lawful permanent residents of the [U.S.]”

Judge Rodriguez’s decision is not as bad as it might first appear for President Trump and for DHS’s ability to use the AEA to remove aliens who are members of those transnational criminal organizations entwined with the governments of enemy nations

First, the Supreme Court needs to clarify to what extent the AEA can be used outside of a traditional military clash between the United States and another nation, and it needs to do it soon. By ruling against the government, Judge Rodriguez has likely accelerated the AEA’s journey to SCOTUS.
Second, the decision is generally very well-reasoned based on solid originalist principles and actually gives President Trump important victories regarding

1) whether the depredations committed on American soil by TdA constitute the acts of a foreign government, and

2) whether the federal judiciary should take it upon itself to question the veracity of President Trump’s factual determinations underlying his designation of Venezuela as an enemy nation under the AEA.

While, unfortunately, Judge Rodriguez based his ruling entirely on an earnest but misguided assessment of the common understanding of the term “predatory incursion against the territory of the [U.S.]” at the time of our nation’s founding — mistakenly deciding that TdA’s actions do not constitute such an incursion — the AEA’s future will still be bright should a higher court conclude that TdA’s acts do indeed constitute a predatory incursion while at the same time adopting Judge Rodriguez’s otherwise powerful legal analysis.

https://cis.org/Fishman/Federal-Judge-Launches-Predatory-Incursion-Against-Alien-Enemies-Act

[DefiantMassRINO]

Has Congress formally made the declarations necessary to allow the President to vigorously enforce the Alien Enemies Act?

Has Tren de Aragua been legally added to the list of designated Foreign Criminal Terrorist Organizations?

Could Congress pass a law that qualifies those to who enter the United States by unlawful means are designated as Alien Enemies or spies?

There is no good reason for anyone to unlawfully enter the United States in violation of Immigration Law ... law, not Executive Order.

Random thought ... does the US Constution provide the Office of the President or does a law of Congress provide the Office of the President the power to enforce 'Executive Orders'?

Does the United States Constitution or its Amendments contain the phrase 'Executive Order'?

he shall take Care that the Laws be faithfully executed

'Laws' is capitalized ... no mention of 'Executive Orders'.