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•  Legal Events - Legal News


A federal judge on Thursday barred the Trump administration from deporting any Venezuelans from South Texas under an 18th-century wartime law and said President Donald Trump’s invocation of it was “unlawful.”

U.S. District Court Judge Fernando Rodriguez Jr. is the first judge to rule that the Alien Enemies Act cannot be used against people who, the Republican administration claims, are gang members invading the United States. Rodriguez said he wouldn’t interfere with the government’s right to deport people in the country illegally through other means, but it could not rely on the 227-year-old law to do so.

“Neither the Court nor the parties question that the Executive Branch can direct the detention and removal of aliens who engage in criminal activity in the United States,” wrote Rodriguez, who was nominated by Trump in 2018. But, the judge said, “the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms.”

In March, Trump issued a proclamation claiming that the Venezuelan gang Tren de Aragua was invading the U.S. He said he had special powers to deport immigrants, identified by his administration as gang members, without the usual court proceedings.

“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,” Rodriguez wrote.

In an interview on Fox News, Vice President JD Vance said the administration will be “aggressively appealing” the ruling and others that hem in the president’s deportation power.

“The judge doesn’t make that determination, whether the Alien Enemies Act can be deployed,” Vance said. “I think the president of the United States is the one who determines whether this country is being invaded.”

The chair of the Congressional Hispanic Caucus, Rep. Adriano Espaillat, D-N.Y., said in a statement the judge had made clear “what we all knew to be true: The Trump administration illegally used the Alien Enemies Act to deport people without due process.”

The Alien Enemies Act has only been used three times before in U.S. history, most recently during World War II, when it was cited to intern Japanese-Americans.

The proclamation triggered a flurry of litigation as the administration tried to ship migrants it claimed were gang members to a notorious prison in El Salvador.

Rodriguez’s ruling is significant because it is the first formal permanent injunction against the administration using the AEA and contends the president is misusing the law. “Congress never meant for this law to be used in this manner,” said Lee Gelernt, the ACLU lawyer who argued the case, in response to the ruling.

Rodriguez agreed, noting that the provision has only been used during the two World Wars and the War of 1812. Trump claimed Tren de Aragua was acting at the behest of the Venezuelan government, but Rodriguez found that the activities the administration accused it of did not amount to an invasion or “predatory incursion,” as the statute requires.

“The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation,” Rodriguez wrote. “Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA.”

If the administration appeals, it would go first to the New Orleans-based 5th U.S. Circuit Court of Appeals. That is among the nation’s most conservative appeals courts and it also has ruled against what it saw as overreach on immigration matters by both the Obama and Biden administrations. In those cases, Democratic administrations had sought to make it easier for immigrants to remain in the U.S.

The administration, as it has in other cases challenging its expansive view of presidential power, could turn to appellate courts, including the U.S. Supreme Court, in the form of an emergency motion for a stay pending an appeal.

The Supreme Court already has weighed in once on the issue of deportations under the AEA. The justices held that migrants alleged to be gang members must be given “reasonable time” to contest their removal from the country. The court has not specified the length of time.

It’s possible that the losing side in the 5th Circuit would file an emergency appeal with the justices that also would ask them to short-circuit lower court action in favor of a definitive ruling from the nation’s highest court. Such a decision likely would be months away, at least.

The Texas case is just one piece of a tangle of litigation sparked by Trump’s proclamation.




Louisiana Attorney General Liz Murrill is pushing forward with her efforts to force Orleans Parish Sheriff Susan Hutson to drop a longtime policy that generally prohibits deputies from directly engaging in federal immigration enforcement within the city’s jail.

In legal filings, Murrill claims that the policy — which the state characterizes as a so-called “sanctuary city” policy — is in direct conflict with a newly passed state law that requires state and local law enforcement agencies to cooperate with federal immigration agencies.

“The consent decree now sits fundamentally at odds with state law as applicable to immigration detainers,” Murrill said in court documents filed Friday.

A federal court will now determine whether to allow the state of Louisiana to join a 2011 federal suit that resulted in the policy and whether to throw out the policy altogether. A hearing has been set for April 30.

The state’s campaign against “sanctuary” policies comes as President Donald Trump is pushing local law enforcement agencies to join the federal government in his promised immigration crackdown. Since his inauguration, Trump has ordered the U.S. Department of Homeland Security to push for more partnerships between local law enforcement units and federal immigration agencies. A few have already signed up. Louisiana Gov. Jeff Landry, a longtime immigration hardliner and Trump ally, has worked with Republican lawmakers in the state to enact laws that encourage those collaborations.

As attorney general, Landry criticized a policy adopted by the New Orleans Police Department, under a long-running federal consent decree that blocks officers from enforcing immigration laws.

Neither Murrill’s office nor representatives for U.S. Immigration and Customs Enforcement responded to requests for comment.

In court filings, Murrill said Hutson “does not oppose the (state’s) intervention” in the case.” But a spokesperson for Hutson said that’s not exactly true. “It’s more accurate that we take no position regarding the state intervention,” a Sheriff’s Office spokesperson said in an emailed statement on Wednesday.

While she has not taken a position for or against increased collaboration with ICE, in an interview with Fox 8 in December, Hutson noted that the jail’s resources were far too stretched to take on immigration enforcement.

The sheriff’s policy stems from a 2013 federal court settlement in a civil rights case involving two New Orleans construction workers picked up on minor charges in 2009 and 2010. Mario Cacho and Antonio Ocampo sued after they were allegedly illegally held in the city’s jail past the completion of their sentences. The two were held at the request of U.S. Immigration and Customs Enforcement. The agency issues such “detainer” requests to local law enforcement agencies, asking them to hold onto arrestees who are suspected of immigration violations. Local agencies are only supposed to honor the hold requests for 48 hours, after which they should let detainees free. But in 2009 and 2010, then-Sheriff Marlin Gusman detained Cacho and Ocampo for months, according to legal filings in their case against the office.

Ocampo and Cacho settled the case with the Sheriff’s Office in 2013, and Gusman agreed to adopt a new policy on immigration investigations. The resulting policy blocks the agency from investigating immigration violations and from detaining immigrants for ICE without a court order, except in certain cases where they are facing charges for a small number of serious violent crimes.



The Supreme Court on Monday rejected an appeal from Minnesota asking to revive the state’s ban on gun-carry permits for young adults.

The justices also left in place a ban on guns at the University of Michigan, declining to hear an appeal from a man who argued he has a right to be armed on campus. No justice noted a dissent in either case.

Taken together, the actions reflect the high court’s apparent lack of appetite for cases that further explore the constitutional right to “keep and bear arms.”

The court has repeatedly turned away gun cases since its 2022 ruling that expanded gun rights and a clarifying 2024 decision that upheld a federal gun control law that is intended to protect victims of domestic violence.

The decision not to hear the Minnesota case was somewhat surprising because both sides sought the Supreme Court’s review and courts around the country have come to different conclusions about whether states can limit the gun rights of people aged 18 to 20 without violating the Constitution.

The federal appeals court in St. Louis ruled that the Minnesota ban conflicted with the Second Amendment, which the court noted sets no age limit and generally protects ordinary, law-abiding young adults.

In January, the federal appeals court in New Orleans struck down a federal law requiring young adults to be 21 to buy handguns.

In February, a federal judge declined to block Hawaii’s ban on gun possession for people under 21.




Under threat from the Trump administration, Columbia University agreed to implement a host of policy changes Friday, including overhauling its rules for protests and conducting an immediate review of its Middle Eastern studies department.

The changes, detailed in a letter sent by the university’s interim president, Katrina Armstrong, came one week after the Trump administration ordered the Ivy League school to enact those and other reforms or lose all federal funding, an ultimatum widely criticized in academia as an attack on academic freedom.

In her letter, Armstrong said the university would immediately appoint a senior vice provost to conduct a thorough review of the portfolio of its regional studies programs, “starting immediately with the Middle East.”

Columbia will also revamp its long-standing disciplinary process and bar protests inside academic buildings. Students will not be permitted to wear face masks on campus “for the purposes of concealing one’s identity.” An exception would be made for people wearing them for health reasons.

In an effort to expand “intellectual diversity” within the university, Columbia will also appoint new faculty members to its Institute for Israel and Jewish Studies department. It will also adopt a new definition of antisemitism and expand programming in its Tel Aviv Center, a research hub based in Israel.

The policy changes were largely in line with demands made on the university by the Trump administration, which pulled $400 million in research grants and other federal funding, and had threatened to cut more, over the university’s handling of protests against Israel’s military campaign in Gaza.

The White House has labeled the protests antisemitic, a label rejected by those who participated in the student-led demonstrations.

A message seeking comment was left with a spokesperson for the Education Department. As a “precondition” for restoring funding, federal officials demanded that the university to place its Middle Eastern, South Asian and African Studies Department under “academic receivership for a minimum of five years.”

They also told the university to ban masks on campus, adopt a new definition of antisemitism, abolish its current process for disciplining students and deliver a plan to ”reform undergraduate admissions, international recruiting, and graduate admissions practices.”

Historians had described the order as an unprecedented intrusion on university rights long treated by the Supreme Court as an extension of the First Amendment.

On Friday, freedom of speech advocates immediately decried Columbia’s decision to acquiesce.



A divided Supreme Court on Tuesday made it harder for environmental regulators to limit water pollution, ruling for San Francisco in a case about the discharge of raw sewage that sometimes occurs during heavy rains.

By a 5-4 vote, the court’s conservative majority ruled that the Environmental Protection Agency overstepped its authority under the Clean Water Act with water pollution permits that contain vague requirements for maintaining water quality.

The decision is the latest in which conservative justices have reined in pollution control efforts.

Justice Samuel Alito wrote for the court that EPA can set specific limits that tell cities and counties what can be discharged. But the agency lacks the authority “to include ‘end-result’ provisions,” Alito wrote, that make cities and counties responsible for maintaining the quality of the water, the Pacific Ocean in this case, into which wastewater is discharged.

“When a permit contains such requirements, a permittee that punctiliously follows every specific requirement in its permit may nevertheless face crushing penalties if the quality of the water in its receiving waters falls below the applicable standards,” he wrote.

One conservative justice, Amy Coney Barrett, joined the court’s three liberals in dissent. Limits on discharges sometimes still don’t insure water quality standards are met, Barrett wrote.

“The concern that the technology-based effluent limitations may fall short is on display in this case,” Barrett wrote, adding that “discharges from components of San Francisco’s sewer system have allegedly led to serious breaches of the water quality standards, such as ‘discoloration, scum, and floating material, including toilet paper, in Mission Creek.’”

The case produced an unusual alliance of the liberal northern California city, energy companies and business groups.

The EPA has issued thousands of the permits, known as narrative permits, over several decades, former acting general counsel Kevin Minoli said.

The narrative permits have operated almost as a backstop in case permits that quantify what can be discharged still result in unacceptable water quality, Minoli said.

With the new restrictions imposed by the court, “the question is what comes in place of those limits,” Minoli said.

Alito downplayed the impact of the decision, writing that the agency has “the tools needed” to insure water quality standards are met.



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