Federal Judge Rejects Alien Enemies Act Deportation Theory

A federal judge ruled that the administration could not use the Alien Enemies Act to remove Venezuelan nationals under the theory the government had advanced, finding that the alleged criminal activity cited by officials did not amount to an invasion or predatory incursion by a foreign nation as the statute requires.

The ruling addressed whether the executive could invoke a wartime removal authority against individuals based on alleged gang or criminal ties rather than an actual state of war or armed incursion, a question central to the scope of executive power under the Alien Enemies Act.

The court rejected the administration's position in this case, meaning the challenged deportations could not proceed under that legal theory.