Woot! Big win in US district court in the Southern District of Texas: judge rules that the Alien Enemies Act cannot be used to detain or remove Venezuelan aliens who are alleged to be members of Tren de Aragua. storage.courtlistener.com/recap/gov.us... [1/10] - ThreadSky

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ahstrongmorse.bsky.social • 1 day ago

Woot! Big win in US district court in the Southern District of Texas: judge rules that the Alien Enemies Act cannot be used to detain or remove Venezuelan aliens who are alleged to be members of Tren de Aragua. https://storage.courtlistener.com/recap/gov.uscourts.txsd.2000771/gov.uscourts.txsd.2000771.59.0.pdf [1/10]

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ahstrongmorse.bsky.social•1 day ago

This is a permanent injunction on the merits and is appealable, and applies to a class of plaintiffs (basically everyone in the Southern District of Texas who is being held under the AEA). [2/10]

ahstrongmorse.bsky.social•1 day ago

(The court specifies that members of the class can still be held or removed under the Immigration and Naturalization Act; if its provisions are followed and an alien is removable (e.g. because of serious crimes or illegal entry or the other grounds) they can be removed following a hearing.). [3/10]

ahstrongmorse.bsky.social•1 day ago

It will surely be appealed, to the Fifth Circuit. The Fifth Circuit is a conservative leaning circuit, with 12 active Republican judges (of whom half are Trump appointees), and 5 active Democratic judges. [4/10]

ahstrongmorse.bsky.social•1 day ago

All that said, most of the judges who have been ruling against the Trump administration in the AEA cases have been Republicans (e.g. Boasberg in DC), and the district judge in this case (Fernando Rodriguez) is a Republican Trump appointee. [5/10]

ahstrongmorse.bsky.social•1 day ago

So while I would certainly rather that the first circuit that will likely rule on the merits of the AEA invocation were a more Democratic circuit (like the 1st Circuit, which has 5 active judges, all Democrats), this case is absolutely winnable even in the Fifth Circuit. [6/10]

ahstrongmorse.bsky.social•1 day ago

Ultimately Supreme Court review is fairly likely because of the obvious public importance and the weight the administration has put on this. [7/10]

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