Der von Trump ernannte Richter sagt, dass der Gebrauch des außerirdischen Feindegesetzes durch den Präsidenten bei der ersten Entscheidung rechtswidrig ist

    https://www.cnn.com/2025/05/01/politics/alien-enemies-act-trump-rodriguez-ruling

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    40 Kommentare

    1. > Allowing the President to unilaterally define the conditions when he may invoke the AEA, and then summarily declare that those conditions exist, would remove all limitations to the Executive Branch’s authority under the AEA, and would strip the courts of their traditional role of interpreting Congressional statutes to determine whether a government official has exceeded the statute’s scope

      Exactly, thank you, judge. Trump’s sudden declaration that we are at war with Venezuela and have been invaded, when that is not the case, is Orwellian. I’m glad a court finally said he isn’t allowed to just unilaterally say we are at war. 

    2. Next up, „the best people“ hired for that judgeship gets arrested and renditioned overseas.

    3. john_lebeef on

      Is it a first-of-its-kind ruling because it’s the first time a Trump appointee hasn’t ruled like an absolute hack and lackey? A hackey, you might say?

    4. onomastics88 on

      It sickens me that there are people who believe the president actually has extreme powers and thinks limiting him when he oversteps is not how this country has always operated. Especially when they suddenly remember these things when someone else is president.

    5. always was. we are not at war with anyone. rhetorical speech using „war“ doesn’t count.

    6. If he’s been appointed by Trump that means Trump can fire him right? We’ll soon seee…

    7. rocc_high_racks on

      Good. Now get those elisors appointed and start enforcing your ruling.

    8. Trump will just try the next thing, as there’s no consequences other than „don’t do it again.“

    9. Showmethepathplease on

      I thought Trump was being stopped by Marxist leftist judges? 

      Did he lie? 

      So shocked 

    10. Tobias---Funke on

      It doesn’t matter who the fuck appointed them they should follow the law!

    11. Miserable_Natural on

      Let me guess: Conservatives will now say this judge is a „woke activist“ too?

    12. Independent-Roof-774 on

      Talk talk talk.     
      Many judges have expressed outrage or dismay at Trump’s actions but they’ve been afraid to hold Trump in contempt because they know when they do that they’re looking into the abyss.

    13. Bad_Habit_Nun on

      That’s nice, unfortunately a judge and his rulings are worthless if no one does anything about it.

    14. haskell_rules on

      > His decision means Trump cannot rely on the law to detain or deport any alleged members of the Venezuelan gang Tren de Aragua within his district.

      This is a nationwide issue, why isn’t it a nationwide injunction?

      This effectively creates a sanctuary district. Are they going to arrest him now?

    15. teamdiabetes11 on

      Okay, but if this was illegal, what about the manufactured emergency to use as an excuse for tariffs against everyone? And, what happens when Trump inevitably ignores this ruling like all the others?

    16. The-M0untain on

      Even judges that were appointed by Trump have ruled against him many times. That’s how illegal his actions are.

    17. magicone2571 on

      Why the hell have we normalized this shit? It’s not a Trump or Biden or Obama judge, it’s a federal judge that should be fully impartial. But dang main stream media keep pushing it.

    18. We need more judges that are from the right wing side to fight for the country like this.

    19. Larrythecrablobster on

      First of his kind should not be something you hear every week in this country but here we are.

    20. Maybe we should start a gofundme for all the judges that are going to be removed from the court for standing up to this administration…

    21. Sure_Quality5354 on

      Everyone who has studied even 1 minute of history knows that authoritarians will take obscure old laws meant for other purposes and use them to expand their power and target their opponents

    22. newmoonchaperone on

      PERMANENT INJUNCTION IN THE SOUTHERN DISTRICT OF TEXAS

      THE FEDERAL JUDGE IN THIS CASE WAS APPOINTED BY TRUMP.

      * […] *“There’s strong reason to believe the Trump administration moved people to Texas for detention and deportation under purported invocation of the Alien Enemies Act BECAUSE they thought this was among the most favorable court jurisdictions for them.“*

      [h/t Ryan Goodman](https://bsky.app/profile/rgoodlaw.bsky.social/post/3lo4tpz5krs25)

    23. https://storage.courtlistener.com/recap/gov.uscourts.txsd.2000771/gov.uscourts.txsd.2000771.58.0_1.pdf

      Page 2 paragraph 1

      > the Court concludes that as a matter of law, the Executive Branch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners and the certified class, or to remove them from the country.

      Page 34 paragraph 2

      > 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 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.

      Page 36

      > The Court has concluded that J.A.V., J.G.G., and W.G.H., in their individual capacity and as representatives of the certified class, have demonstrated entitlement to relief in habeas. Respondents have designated or will designate them as alien enemies under the Proclamation, subjecting them to unlawful detention, transfer, and removal under the AEA. As a result, J.A.V., J.G.G., and W.G.H. are each entitled to the granting of their Petition for a Writ of Habeas Corpus, and a permanent injunction prohibiting Respondents from employing the Proclamation and the AEA against them. The certified class warrants similar protection. The Court will issue a Final Judgment with the appropriate relief.

      > To the extent that J.A.V., J.G.G., and W.G.H., or any member of the certified class, have been detained or are detained in the future pursuant to the Immigration and Nationality Act, they have not sought and do not obtain any relief. In addition, the conclusions of the Court do not affect Respondents‘ ability to continue removal proceedings or enforcement of any final orders of removal issued against J.A.V., J.G.G., and W.G.H, or against any member of the certified class, under the Immigration and Nationality Act.

      > Fernando Rodriguez, Jr.
      > United States District Judge

      [Federal judicial service](https://en.wikipedia.org/wiki/Fernando_Rodriguez_Jr.)

      On September 7, 2017, President Donald Trump nominated Rodriguez to serve as a United States District Judge of the United States District Court for the Southern District of Texas,

    24. Usually I loathe Trump appointees but credit where credit is due. Ruling against Trump when he is literally arresting judges is brave.

    25. CaptainTeembro on

      I can see it now in a week:

      “Biden’s corrupt judge is holding America back and we have deported them.”

    26. FeebysPaperBoat on

      Thank fuck. Every time one of these judges holds ground I’m so thankful.

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