Client Update: Federal Judge Rules Alien Enemies Act Cannot Be Used for Deportations in Southern Texas
On May 1, 2025, a federal judge ruled that the U.S. government may not use the Alien Enemies Act (AEA) to deport certain Venezuelan nationals from southern Texas under a March 14 presidential proclamation. This ruling is based on the court’s legal interpretation of how the AEA can and cannot be applied. It is limited in scope and does not affect lawful immigrants, visa holders, or most undocumented individuals.
This summary outlines what the ruling means, what led to it, and what our clients should take away from it.
What is the Alien Enemies Act?
The Alien Enemies Act was passed in 1798. It gives the president special authority to restrict or remove nationals of foreign countries during times of war or national emergency.
In March, the government invoked the AEA, stating that the Tren de Aragua gang — a violent criminal group believed to operate in parts of Venezuela and the U.S. — posed a national security threat. The proclamation allowed for expedited removal of Venezuelan nationals designated under this claim.
Two flights deported individuals under this policy before courts intervened. The rest of the policy’s implementation has been held up by legal challenges.
What Did the Judge Rule?
Judge Fernando Rodriguez Jr., a federal judge in Texas, reviewed the March 14 proclamation and issued a permanent injunction. That means:
- The government may not deport, transfer, or detain anyone in southern Texas under this AEA proclamation.
- The ruling applies only to Venezuelan nationals identified under this policy, not to broader categories of immigrants or visa holders.
- The judge found that the language in the law — terms like “invasion” and “predatory incursion” — refers to military actions, not criminal gang activity.
In his decision, Judge Rodriguez explained that while the government may respond to public safety threats, it must do so within the boundaries of the law.
Who Is Affected by This Ruling?
This ruling protects a specific group:
- Venezuelan nationals aged 14 or older
- Physically located or detained in southern Texas
- Named under the March 14 proclamation
It does not apply to:
- Green card holders
- Visa holders (F-1, H-1B, B-1/B-2, etc.)
- Immigrants in other parts of the U.S.
- Individuals not specifically designated under this proclamation
This is not a ruling about general immigration policy. It is about one specific legal tool and how it can be used.
What Does This Mean For Lawful Immigrants?
If you are in valid status — whether as a student, worker, or resident — this case does not affect you.
It may be helpful to know that the courts have repeatedly emphasized the following:
- Immigation enforcement must follow due process
- People are entitled to notice and the opportunity to challenge removal
- Legal protections remain in place for individuals in good standing
If your status is active and you are complying with immigration rules, there is no reason for concern related to this ruling.
What About Undocumented Individuals?
This ruling does not create new enforcement measures. In fact, it narrows one particular strategy the government tried to use under emergency law.
While undocumented individuals are still subject to immigration law, this ruling does not expand enforcement, nor does it target individuals without criminal or national security flags.
If you are undocumented and trying to regularize your status, we encourage you to speak with a qualified immigration attorney. Legal pathways may still exist and remain the best option forward.
What Comes Next?
The federal government is expected to appeal this decision. Other courts around the country are reviewing similar cases, each limited to their region. The Supreme Court has already weighed in, confirming that individuals impacted by such proclamations must be given:
- Advance notice
- A clear legal process to challenge their removal
- Time to file a legal petition before being deported
These safeguards remain in place and continue to be enforced by the courts.
Additional Rulings on Due Process and Student Visa Enforcement
Two recent court rulings have added further clarity to the protections available for immigrants and international students.
- A federal judge ruled that migrants cannot be deported to third countries, such as Libya or Saudi Arabia, without written notice and an opportunity to challenge the removal. The court found that such deportations would violate a previous legal order requiring transparency and fair process.
- A federal court in Minnesota ordered the release of an international student who entered the U.S. on a valid F-1 visa and was later arrested after the visa was revoked. The court found no evidence of criminal activity and emphasized that lawful political speech is not a valid reason for detention.
A separate court also ruled that a detained student from Tufts University could not be transferred without proper justification, reinforcing that students in status continue to have rights, even while in custody.
What Clients Should Do
- Stay current with your documentation and renewals
- Update your address with USCIS within the required timelines
- If you are a student on an F-1 visa, remain enrolled and in regular communication with your school
- If you receive any notice of visa revocation or removal, contact your attorney immediately
- Do not panic. These rulings show that courts are actively enforcing limits and protecting due process
Summary
- A federal judge blocked the use of the Alien Enemies Act to deport Venezuelan nationals from southern Texas
- The court said the law applies to military threats, not criminal organizations
- This ruling does not affect lawful immigrants or visa holders in valid status
- Additional courts have blocked deportations that lacked written notice and detained students whose rights were not violated
- Legal safeguards remain in place, and due process must be followed in all immigration actions
- Clients in valid status should stay informed, but there is no new cause for concern for those following the law
If you have questions or need support, please reach out to our office at 310-477-3000. We are here to help you navigate your options and protect your rights with professionalism and care.
