Trump-Appointed Judge Rodriguez Deals Major Blow to Admin's Use of Alien Enemies Act (Texas)

MSN --- Newsweek ^ | Gabe Whisnant

[dennisw]

In a follow-up opinion, Rodriguez Jr. declared: "For these reasons, the Court concludes that the President's invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful. Respondents [the Administration] do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country."

Rodriguez Jr. issued two opinions and orders on Thursday in the U.S. District Court Southern District of Texas, responding to a petition by individuals to allow them to certify as a class against the administration and sue Trump for the use of the Alien Enemies Act.

"For these reasons, it is: ORDERED that the Petitioner's Motion for Class Certification (Doc. 4) is GRANTED to the extent indicated in this Order and Opinion," Rodriguez wrote in his first opinion. He added that the court certifies the class as Venezuelan aliens, 14 years old or older, who have not been naturalized and were targeted as alien enemies under the act.

The ruling is based on the fact that trying to resolve each individual case of the alleged gang members would prove "so numerous" that it "unduly wastes judicial resources."

Rodriguez Jr. will also look to bar the administration from using the Alien Enemies Act against the certified class, calling such protection "warranted."

Fernando Rodriguez Jr., a federal judge in Texas appointed by President Donald Trump during his first term, will allow migrants targeted by the Alien Enemies Act in South Texas to proceed with a class action against the government and declared the president's use of the act to be unlawful.

Newsweek reached out to the White House and the Department of Homeland Security (DHS) for comment by email on Thursday afternoon.

[ripnbang]

Court of Appeals then/if needed SCOTUS...get it decided once and for all.

[escapefromboston]

Rodriguez doesn’t want illegals removed from the country ? What a shock.

[dennisw]

There are liberal judge saboteurs in every Federale district court jurisdiction that ICE has detention facilities. No need to do nationwide injunctions, though you will still see them until the SC or Congress acts.

[Kleon]

Can he be arrested for technically interfering with the deportation of illegals?

[Dr. Sivana]

the court certifies the class as Venezuelan aliens, 14 years old or older, who have not been naturalized and were targeted as alien enemies under the act.

So Venezuelan gang-bangers have specific protections than a Scot who overstayed his Visa doesn't?

[Fledermaus]

Doesn’t have the authority

[lurk]

Notice that these judges ruling against the administration are not relying on statute or precedent to make their rulings. These are much more the simple opinion of each individual judge, driven by party loyalty.

[escapefromboston]

Don’t try to look for logic in the judges statement

[Just mythoughts]

Ah, so called ‘republicans’ are complicit in the act of destroying the USA ... Say like the Bush family ... rotten to the core...

[dennisw]

This blackened robe is a Trump appointed judge born in Harlington Texas

[curious7]

I would prefer to see us bring back public breaking on the wheel for judges who blatantly overstep their authority. Same for prosecutors who pull a Nifong and all other government bureaucrats, for that matter. They need to know they have serious skin in the game, before they decide to pull stuff like this.

[kiryandil]

Confirm 96 to 0.

That means he’s establishment.

[TexasFreeper2009]

an army can apparently invade across our border and according to this judge, unless congress has declared war officially, neither the president nor anyone can stop them! or even push them back!

[TLI]

OK, declare the border area to be a “conflict zone.”

Then just sift out the gang bangers and run them back across the river, process (tell no) the rest.

If the progs want to pull a stunt, feed them info about a “caravan” that will cross at, oh, Presidio.

Not sure of the date, blah blah.

Sometime in August.

.

[falcon99]

Why elect a president when unelected district judges are going to be the authority for what a president can and can’t do. Judges are not judges any more but simply judicial activists who rule based on their activism rather than the Constitution and law.

[adorno]

The ruling is based on the fact that trying to resolve each individual case of the alleged gang members would prove "so numerous" that it "unduly wastes judicial resources."

Waste of judicial resources? The judge is issuing HIS opinion and not a rule based on the law. If the government is wasting resources, that's a problem for the administration to resolve. The judges opinion is not based on case law nor on the virtues of what the AEA was about.

The judge's opinion can also be ruled unconstitutional, since he's overstepping his ground and that opinion would force the government to waste a lot of other government resources.

[NorthMountain]

We’ll keep getting this kind of nonsense until Congress abolishes a few Federal District Courts.

[iamgalt]

So no rat voted against him. Now we know why.

[Niteranger68]

Maybe this judge is concerned about losing his gardener and housekeeper.