A federal court in Texas Thursday ruled that President Trump's use of the 18th-century wartime law Alien Enemies Act (AEA) to detain and deport Venezuelan immigrants from South Texas was "unlawful" (article available here).
In a 36-page opinion, the judge, a Trump appointee, wrote that Trump's invocation of the act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
President Trump in March issued a proclamation claiming that Tren de Aragua was invading the US, and justified the use of special powers to deport immigrants identified as gang members without court proceedings.
He used the act to deport two plane loads of alleged migrant gang members to the El Salvadoran terrorism prison.
The ruling is the first time a federal judge has ruled the use of the act is "unlawful."
"The historical record renders clear that the president's invocation of the AEA... is contrary to the plain, ordinary meaning of the statute's terms," the court wrote.
"As a result, the court concludes that as a matter of law, the executive branch cannot rely on the AEA... to detain the named petitioners... or to remove them from the country."
The Alien Enemies Act has only been used three times before in U.S history - during World War Two, World War One and the War of 1812.
The Supreme Court has already ruled the administration can remove migrants under the Alien Enemies Act, but with a caveat. Migrants alleged to be gang members must be given "reasonable time" to challenge their removal from the country.