Recall that the Supreme Court ruled that Venezuelans threatened with removal under Trump’s invocation of the Alien Enemies Act had to use habeas corpus proceedings to challenge threatened deportations. Because habeas petitions must be filed in the geographic locale where detainees are held, this has led to litigation all over the country. Much of it has involved emergency motions seeking temporary restraining orders to halt deportations while the underlying legal issues are litigated. Now, for the first time, a court fully briefed on the relevant issues has ruled that the entire Trump effort to use the AEA as a basis for removing purported members of TdA is unlawful.
Judge Fernando Rodriguez of the Southern District of Texas has entered a final judgement and permanent injunction granting habeas relief to the Venezuelans detained in that District and forbidding the Trump executive from detaining, transferring, or removing them on the basis of the AEA. That's the bottom line, but understanding how Rodriguez got there is more complex.







