OAN Staff Gabriella Sable
1:03 PM – Friday, May 2, 2025
Paul Kamenar, Counsel for the National Legal and Policy Center, asserts that a Texas District Court Judge erred in disregarding the Trump administration’s definition of a “predatory incursion” in a case involving President Trump’s use of the Alien Enemies Act (AEA).
“I think that he may have improperly disregarded the political questions doctrine by giving short shrift to the president as to what he determines constitutes an incursion,” Kamenar told One America News in a statement. “Particularly with the irregular warfare context of Tren De Aragua and Venezuela, there is no need to have a military force or troops doing the incursion.”
In March, President Donald Trump signed an executive order declaring that the Venezuelan gang Tren de Aragua was invading the United States and invoked the Alien Enemies Act of 1798. However, in a 36-page opinion, Judge Fernandez Rodriguez ruled that Trump failed to provide sufficient evidence to demonstrate that Tren de Aragua was attempting to invade the United States. Rodriguez declined to rule on whether Tren de Aragua qualifies as a foreign nation or government.
“The President cannot summarily declare that a foreign nation or government has threatened or perpetrated an invasion or predatory incursion of the United States, followed by the identification of the alien enemies subject to detention or removal,” Rodriguez said in the court document.
The ruling is not a nationwide injunction and applies solely to the Southern District of Texas. Looking ahead, Kamenar says the Trump administration will likely appeal the decision to the Fifth Circuit Court of Appeals and may revise the executive order to include stronger evidence that an incursion is underway.
Rodriguez did note, however, that the Trump administration could still deport members of Tren de Aragua under the Immigration and Nationality Act. Under the Fifth Amendment, all “persons” not just citizens, are entitled to due process. Kamenar explains that the process of what is “due” can fluctuate depending on the circumstances in the deportation case.
“What process is “due” can vary. So, for illegal aliens not entitled to a full Federal court hearing, a quick admin hearing can suffice,” Kamenar noted.
“But if the Alien Enemy Act is upheld, then certain aliens declared terrorist gang members have much less due process than regular illegal aliens,” added Kamenar.
This is the challenge the Trump administration now faces, as border crossings have dropped significantly since President Trump took office in January. In March, Border Patrol data showed a 96% decrease compared to the same period the previous year under the Biden administration. This sharp decline is part of the reason the Trump administration is seeking a more efficient system for removing individuals already in the country unlawfully.
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