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Federal judge opens door to Alien Enemies Act targets suing Trump administration

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Federal judge opens door to Alien Enemies Act targets suing Trump administration

A federal judge has allowed Venezuelans targeted for deportation under the Alien Enemies Act in the Southern District of Texas to proceed with a class-action lawsuit against President Donald Trump’s administration. 

U.S. District Judge Fernando Rodriguez Jr., who was appointed by Trump during his first term, issued a 12-page order on Thursday granting a group of petitioners “class certification.” 

“The unusual circumstances of this case present a compelling justification to utilize a procedure equivalent to a class action authorized by Rule 23,” Rodriguez wrote. 

The Trump administration has argued the petitioners have “no basis” to establish a protected legal class “to resolve whether an alien has been properly included in the category of alien enemies–necessarily individual determinations.”

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More than 250 suspected gang members arrive in El Salvador after being deported by the Trump administration on March 16. (El Salvador Presidency/Handout/Anadolu via Getty Images)

The judge considered whether individual “habeas corpus hearings” would be required for every Venezuelan national targeted under the Alien Enemies Act in the Southern District of Texas to determine whether they are members of Tren de Aragua, the Venezuelan gang the State Department designated as a foreign terrorist organization in March. Rodriguez said “requiring individualized habeas corpus proceedings to repeatedly address the common legal issues unduly wastes judicial resources.” 

Trump issued an executive order on March 14, “Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua.” 

About 100 people have been detained in the Southern District of Texas and “designated as alien enemies under the Proclamation,” Rodriguez noted. 

“The present matter raises many common questions of law, but also indisputably raises some questions of fact that would require individualized hearings to resolve,” Rodriguez wrote on Thursday. “As to the former, Petitioners challenge the lawfulness of the President’s invocation of the AEA through the Proclamation. 

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“They argue, primarily, that the preconditions required to apply the AEA do not exist, that the intended application of the Proclamation and the AEA violate the designated alien enemies’ due process rights under the Constitution, and that the procedures that Respondents seek to follow violate the Immigration and Nationality Act and the Convention Against Torture.

More than 250 suspected gang members arrive in El Salvador by plane on March 16, including 238 alleged members of Venezuela’s Tren de Aragua gang and 23 members of the MS-13 gang who were deported. (El Salvador Presidency/Handout/Anadolu via Getty Images)

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“These issues hold true for any individual that Respondents designate as an alien enemy under the Proclamation and subject to removal under the AEA,” the order said. “A favorable result on any of these legal theories as to one individual will prove equally applicable to other Venezuelan aliens designated as alien enemies under the Proclamation. As a result, the Court finds that Petitioners identify at least one contention that is central to the validity of each class member’s claims.”

The judge acknowledged that, at the same time, “petitioners cannot deny that whether any particular individual is a member of TdA would require a fact-specific, individualized determination.”

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“It is true that the Court would have to determine the applicable legal standard, and this analysis would apply to every class member. But the hearings themselves would proceed individually, as the relevant facts for each person differ,” he said. 

According to Reuters, the Trump administration deported at least 137 Venezuelans from the El Valle Detention Center in Raymondville, Texas, under the Alien Enemies Act on March 15, but relatives of dozens of the men say they are not TdA members.

In a separate 36-page opinion, Rodriguez also said Thursday the Trump administration could not rely on the Alien Enemies Act to deport Venezuelan nationals who are TdA member anyway because the gang’s presence in the U.S. cannot be classified as an “invasion” or “predatory incursion” under federal law. 

“Neither the Court nor the parties question that the Executive Branch can direct the detention and removal of aliens who engage in criminal activity in the United States,” Rodriguez, nominated by Trump in 2018, wrote. “The President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms.

Seventeen alleged members of Venezuela’s Tren de Aragua gang and members of the MS-13 gang were deported to El Salvador by the U.S on March 31. (El Salvador Press Presidency Office/Anadolu via Getty Images)

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“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,” Rodriguez wrote.

In mid-April, Rodriguez granted a temporary restraining order preventing the Trump administration from removing Venezuelans held at the Raymondville detention center. The judge later broadened his ruling to protect all Venezuelans detained in his judicial district, which includes the cities of Houston, Galveston, Laredo, McAllen, Brownsville, Corpus Christi and Victoria, from deportation. 

Rodriguez’s ruling Thursday is significant because it is the first formal permanent injunction against the administration using the AEA and contends the president is misusing the law. The Trump administration claims that TdA is acting at the behest of the Venezuelan government. 

“The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation,” Rodriguez wrote. “Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA.”

The judge also noted that the provision has only been used during the two World Wars and the War of 1812. 

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If the administration appeals, it would go first to the New Orleans-based 5th U.S. Circuit Court of Appeals. That is among the nation’s most conservative appellate courts, and it also has ruled against what it saw as overreach on immigration matters by both the Obama and Biden administrations.

The Supreme Court has already weighed in once on the issue of deportations under the AEA. The justices held that migrants alleged to be gang members must be given “reasonable time” to contest their removal from the country.

The Associated Press and Reuters contributed to this report. 

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Crockett faces blowback from GOP, Hollywood for far-left agenda, media presence after launching US Senate bid

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Crockett faces blowback from GOP, Hollywood for far-left agenda, media presence after launching US Senate bid

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From Congress to Hollywood, Texans are pushing back on Democratic Rep. Jasmine Crockett’s U.S. Senate launch as she faces scrutiny for her far-left policies and presence on social media. 

Crockett, a progressive known for her viral social media clashes and sharp exchanges in the House of Representatives, rolled out her Senate bid on Monday. She framed her candidacy as an effort to stand against President Donald Trump, something she said incumbent Republican Sen. John Cornyn will not do. 

“I’m done watching the American dream on life support while Trump tries to pull the plug. The gloves have been off, and now I’m jumping into the ring,” she said.

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Rep. Jasmine Crockett, D-Texas, speaks to reporters after announcing her run in the Democratic primary for the U.S. Senate on Dec. 8, 2025, in Dallas. (LM Otero/AP Photo)

Rep. Brandon Gill, R-Texas, responded to her announcement on Tuesday, blasting her record on policing and border enforcement.

“Texans want somebody representing them who’s gonna stand for law and order, and that is certainly not Jasmine Crockett,” Gill said on “Hannity.” “If Texans support one thing, it’s law and order. And listen, this is probably the most pro-criminal candidate Democrats could have possibly found.”

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The congressman cited Crockett’s past support for the defund-the-police movement, adding that Crockett “has said on record that just because you commit a crime doesn’t mean that you’re a criminal.”

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“This is somebody who has said on record that just because somebody crosses our border illegally, that is not a crime,” Gill added. 

Rep. Jasmine Crockett, D-Texas, has been a vocal critic of President Donald Trump during her time in Congress. (Photo by Julia Beverly/Getty Images)

Gill also warned that the Democrat was misreading the state’s politics.

“Remember, Texas is a state where President Trump won by 14 points,” he said. “She’s saying she doesn’t need Trump voters for her to win this. Yes, she does.”

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The pushback against Crockett isn’t limited to Capitol Hill, however. 

“I live in Texas, I love Texas, I really don’t want her representing Texas,” actor Zachary Levi said on “Gutfeld!” Tuesday.

The “Shazam!” star called out Crockett’s social media habits.

“I think that a lot of people are digging themselves in some pretty big holes because they think they’re taking advantage of social media, and yet they’re coming out with this really bizarre stuff,” Levi said. “And I think that a lot of people that might otherwise support her are cringing because of that.”

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Levi suggested that her participation in viral TikTok trends wouldn’t age well.

“And more than that, you’re supposed to be a responsible adult in the room as a politician. You should be doing things that are of more value to your constituency,” he added.

Fox News’ Paul Steinhauser, Peter Pinedo, Elizabeth Elkind and Deirdre Heavey contributed to this report. 

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Mayor Tim Keller defeats law-and-order challenger to secure third term as Albuquerque mayor

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Mayor Tim Keller defeats law-and-order challenger to secure third term as Albuquerque mayor

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Albuquerque Mayor Tim Keller has been re-elected to lead New Mexico’s largest city, according to the unofficial results from the Bernalillo County clerk’s office. 

While officially nonpartisan, Tuesday’s runoff carried a clear ideological split as Keller faced a challenge from his right in former Sheriff Darren White, who cast himself as the law-and-order candidate promising to restore public safety.

Keller defended his record on crime and homelessness, ultimately securing a third term to continue leading the blue city through the next four years as it confronts public safety and housing challenges.

Keller and White advanced from a 7-candidate field on Election Day on Nov. 5, 2025, when other high-stakes mayoral races were playing out across the United States, from Seattle to New York City. Because neither candidate received more than 50% of the vote, the mayoral contest advanced to Tuesday’s runoff election.

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ALBUQUERQUE VOTERS TO DECIDE MAYORAL RUNOFF AS LAW-AND-ORDER CHALLENGER TAKES ON INCUMBENT IN BLUE CITY

Albuquerque Mayor Tim Keller greets then-Vice President Kamala Harris at the Kirtland Air Force Base in Albuquerque, New Mexico, on Tuesday, Oct. 25, 2022. (Sam Wasson/Bloomberg via Getty Images)

Despite Albuquerque’s officially nonpartisan mayoral election, Keller aligns with the Democratic Party while White is a Republican.

“Thank you for believing in this campaign, in our city, and in the work ahead. I’m honored to earn your trust for another historic term, and I’m ready to keep delivering progress for every community in our city. Let’s get back to work, together,” Keller said Tuesday night after securing a third term.

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“While we are disappointed by the final result, we have no regrets. We walk with our heads held high, proud of the movement we built and the issues we helped elevate,” White posted on X.

Both candidates made public safety and housing central to their campaigns as Albuquerque has struggled with some of the highest violent-crime rates in the region and a homelessness crisis.

Keller is a former state senator and auditor who has served as mayor of Albuquerque since 2017, while White is the programming manager for a local radio station, the former chief public safety officer for Albuquerque and lost a congressional race as a Republican in 2008.

According to Keller’s campaign website, he ran for re-election, in part, because Albuquerque “needs strong, reliable leadership” to “stand up” against President Donald Trump’s sweeping, second-term agenda.

Then-U.S. House candidate Darren White speaks at the New Mexico’s Republican Convention in Albuquerque, New Mexico, on March 15, 2008. (Tom Williams/Roll Call/Getty Images)

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Earlier this year, Keller issued an executive order “reaffirming Albuquerque’s longstanding commitment as an immigrant-friendly city and outlined specific actions to safeguard the rights and safety of immigrant and refugee communities,” amid Trump’s nationwide crackdown on illegal immigration.

“He’s done the real work to repair decades-long challenges holding our city back. Now we know what’s working — and it’s time to press the pedal down and move Albuquerque forward through these tough times,” Keller touted on his campaign website, as he pointed to “tough times” locally and nationally.

Keller leaned on his record throughout the campaign, including his efforts to combat crime, reform homelessness and housing services and his “breakthrough achievements,” including public safety and community investment projects, as outlined on his website.

The mayor also highlighted his initiatives to reform the city’s emergency response system, invest in neighborhoods, fight for survivors of sexual violence, modernize the economy, leadership on “climate action” including a commitment to being “100% renewable by 2025,” expanding youth programs and “leading with courage” through the COVID-19 pandemic, per his campaign website.

Albuquerque Mayor Tim Keller delivers remarks at the University of New Mexico in Albuquerque, New Mexico, on Tuesday, Oct. 25, 2022.  (Sam Wasson/Bloomberg via Getty Images)

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Meanwhile, White emphasized his law enforcement experience as a U.S. Army veteran who has served as “the head of the New Mexico State Police and Sheriff of Bernalillo County,” according to his own campaign website.

Chief among his campaign promises was a commitment to fighting crime by restoring law and order and “giving officers the support and tools they need to enforce the law and clean up our streets” and ending “Mayor Keller’s Sanctuary City law for criminals and fight to end Catch and Release,” according to his website.

Drawing a contrast to Keller’s own record, White campaigned on cleaning up homeless encampments and addressing “the homeless crisis with policies that work.”

Other campaign promises included partnering with businesses to create jobs and boost the economy and prioritizing government efficiency by cutting the waste, fraud and abuse of taxpayer dollars, per his campaign website.

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“I have a proven record of fighting crime, protecting our communities, and upholding law and order,” White said. “I’ll unshackle the police, end Mayor Keller’s failed sanctuary policies, clean up homeless encampments, and restore safety to Albuquerque’s streets, parks, and businesses while cutting government waste and making our city a place where families and businesses can thrive again.”

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Crockett’s potential successor has repeatedly railed against US in reparations push: ‘It’s been evil’

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Crockett’s potential successor has repeatedly railed against US in reparations push: ‘It’s been evil’

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Progressive Rep. Jasmine Crockett’s pastor, a radical reparations activist who once claimed America was “born in political violence,” is now running as a Democrat to replace her in Texas’ 30th Congressional District.

A Texas Democratic Party document reviewed by Fox News Digital confirmed that Rev. Frederick Douglass Haynes III, a Dallas megachurch pastor and social justice activist, is running to replace Crockett following her announcement that she is running for Senate.

In 2022, speaking at a “Solidarity for Reparations” event at a San Francisco church, Haynes advocated for reparations on the grounds that America owes it to the African American community.

“America, you owe us. What you done to us has been immoral. It’s been evil. It’s been unjust. It’s been downright wrong and the only way to bring salvation to America – you gotta pay us what you owe us,” Haynes said. “I’ve come by to say San Francisco, California, Texas, United States of America, if you want salvation to come to this house, you’ve got to engage in reparations.”

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Rep. Jasmine Crockett, D-Texas, speaks to reporters after announcing her run in the Democratic primary for U.S. Senate on Dec. 8, 2025, in Dallas. (AP Photo/LM Otero)

The remarks were made at the church of failed presidential candidate Kamala Harris’ longtime mentor and pastor, Amos Brown, who has made several controversial comments, including blaming the United States for the 9/11 terrorist attacks.

Haynes’ comments received high praise from Brown, who told the congregation, “What a wonder. What a word. What a challenge.” 

He then told all the members of the San Francisco reparations task force in the crowd to “implement what our preacher has so eloquently stated in undescribable words. I told you you would receive information. You got all the inspiration you need. Now it’s time for implementation.”

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Haynes was also present at a reparations rally outside the White House in 2023, when he said the United States was “born in the sin of a hostile, genocidal takeover of Indigenous land and shaped by anti-Black White supremacy. This is a country that spent in the aftermath of emancipation decades plundering Black communities and ensuring that we were economically exploited and excluded. And so how could you talk about redemption without reparation?”

“We’ve come to cash our check because we’ve seen the [profit and loss] statement,” he continued.

In addition to his activism on reparations, Haynes has a history of controversial statements, including posting a photo of himself and notorious antisemite Louis Farrakhan in 2017, calling him a “wonderful and great man.” In 2015, Haynes also lavished praise on Farrakhan, saying he was “a prophetic leader of our time.”

Earlier this year, he attacked conservative activist Charlie Kirk after his assassination, accusing him of espousing “dangerous” views “rooted in white supremacy.”

He criticized characterizations of Kirk’s killing as an assassination, saying, “a white Christian gets killed, murdered, not assassinated,” continuing, “Martin King got assassinated, Malcom X got assassinated, Medgar Evers got assassinated, don’t compare Kirk to King.”

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Though he condemned political violence, Douglass proceeded to drill into Kirk, saying, “What Kirk said was dangerous, what Kirk said was racist, rooted in white supremacy, nasty and hate-filled.”

TOP GOP SENATOR SAYS CROCKETT ANNOUNCEMENT EXPOSES HOW ‘RADICAL’ DEMS ARE NATIONWIDE

Charlie Kirk, founder of Turning Point USA, enters the plaza and talks with his supporters. (Michael Ho Wai Lee/SOPA Images/LightRocket via Getty Images)

During the same sermon, he proceeded to call out politicians who said America was better than political violence, because, as he said, “we ain’t better than this.”

“One of the things that gets me, and we got the politicians in here, I’m going to come for you if you ever say this, if you ever say, ‘America, we better than this,’ you lying, you lying. We ain’t better than this. America was born in political violence.”

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He proceeded to list a number of acts of violence, saying, “America committed political violence during the slave trade, America committed political violence when black bodies hung as strange fruit from old southern trees, America committed political violence against the Irish, against the Italians, before they became white.”

“And you going to say, ‘We better than this?’” he continued. “No, we can’t fix what you won’t face, until you look in the mirror and face this is a violent country, that has done violence to too many people.”

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Rep. Jasmine Crockett launches a Texas Senate campaign with a clever ad featuring Trump’s own insults against her, sparking social media reactions. (LM Otero/AP Photo)

Haynes did not respond to Fox News Digital’s request for comment by the time of publication.

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Though he did not address his congressional campaign, speaking at Crockett’s Senate launch event on Monday, Haynes accused Republicans of “racism” over a recently passed Texas redistricting bill. He praised Crockett, comparing her to the biblical Esther, saying, “As dark as it is right now, with Jasmine, the light is about to break out and shine.”

Crockett has previously praised Haynes, saying he has been a source of guidance for her.

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In a July 2023 social media statement, Crockett wrote, “I’ve been blessed to know Rev. Dr. Frederick D. Haynes, III for years, and to have been able to turn to him for guidance wherever, whenever.”

“As a PK, as a North Texan, and as a member of Friendship-West Baptist Church, I couldn’t be prouder to watch Pastor Haynes touch even more lives!” she added.

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Crockett did not respond to Fox News Digital’s request for comment by the time of publication.

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