Connect with us

Southwest

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

Published

on

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.”

TRUMP TO NAME HAITIAN GANGS FOREIGN TERRORIST ORGANIZATIONS: REPORT

Advertisement

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. 

Advertisement

“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)

TRUMP ADMIN REVOKES 4K FOREIGN STUDENTS’ VISAS IN FIRST 100 DAYS, NEARLY ALL WITH SERIOUS CRIMINAL RECORDS

“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.”

Advertisement

“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)

Advertisement

“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. 

Advertisement

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. 

Advertisement

Read the full article from Here

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Southwest

RICK PERRY: Where’s the beef? Trump knows and he’s trying to make it affordable

Published

on

RICK PERRY: Where’s the beef? Trump knows and he’s trying to make it affordable

NEWYou can now listen to Fox News articles!

“America First” has been more than a slogan for President Trump. It has become a governing framework and near-mandate for his administration. America First policy decisions have manifested across immigration strategy, energy regulation, and, perhaps most clearly, trade policy.

The beef market has been in desperate need of an America First recalibration after President Joe Biden’s failed policies. Ground beef prices have become astronomical, reaching an average of $6.69 per pound in December, the highest price since tracking began in the 1980s.

These price increases are outpacing those of other food categories due to structural problems within the domestic beef market. Analysis from the American Farm Bureau Federation shows the domestic herd has fallen to a 75-year low and is continuing to shrink as fewer calves are retained for breeding. As a result, the U.S. cattle herd is unlikely to expand until at least 2028.

From my time as governor of Texas and agriculture commissioner for the nation’s leading cattle-producing state, I understand both the gravity of this situation and the need for a deliberate policy response.

Advertisement

Cattle are shown in pens at the Cattlemen’s Columbus Livestock Auction in Columbus on Wednesday, Oct. 8, 2025. (Melissa Phillip/Houston Chronicle/Getty Images)

In October, President Donald Trump addressed the need for beef affordability measures and signaled plans to increase imports, which he recently finalized through an executive order, opening the U.S. to an additional 80,000 metric tons of lean beef trimmings from Argentina this year.

This step is valuable because the U.S. does not produce enough beef to meet domestic demand, necessitating imports. Argentina is a strategic and well-suited partner to remedy our beef shortage because they specialize in lower-cost, lean beef. These trimmings from Argentina will be blended with fattier domestic beef to produce hamburgers and ground beef products – affordable staples in high demand.

Importing the specific type of affordable beef directly addresses supply and aligns with an America First approach. Expanding lean beef imports will reduce pressures on our beef supply, thus reducing costs for consumers while protecting cattle ranchers’ premium production.

THE SURPRISING REASON WHY AMERICANS COULD FACE HIGH BEEF PRICES FOR YEARS

Advertisement

The impacts of these smart imports are complemented and multiplied by broader efforts to strengthen the cattle sector, including Agriculture Secretary Brooke Rollins’ October plan to fortify the American beef industry and President Trump’s directive for the Department of Justice to crack down on foreign-owned meat packing cartels.

Beyond these efforts, the administration should reassess the existing allocation of tariff-rate quotas (TRQs), which were configured in 1995. Reworking would acknowledge shifts in global production patterns and domestic market needs, putting U.S. ranchers in a better position.

Today, the overwhelming share of tariff-free beef imports are dedicated to Australia and New Zealand. Both countries focus heavily on premium, grass-fed exports – products that compete directly with higher-end U.S. beef in domestic and international markets.

By contrast, lean beef imports from South America primarily serve the lower-cost blended segment. Ranchers and their supporters criticizing the import increase from Argentina, but failing to push back about the near-unlimited market access Australia and New Zealand have are fighting the wrong battles.

The beef market has been in desperate need of an America First recalibration after President Joe Biden’s failed policies. 

Advertisement

Some policymakers have raised concerns that imports would sideline American ranchers and that we should focus on cutting red tape, lowering production costs and supporting cattle herd growth. These priorities are valid – but they’re not mutually exclusive with strategic imports.

RFK JR BACKS BEEF, DECLARING ‘WAR ON PROTEIN IS OVER’ AS HE THANKS AMERICA’S CATTLE RANCHERS

The notion that imports should be avoided is misguided and ignores structural supply realities. Strategic imports like lean trimmings can stabilize prices while allowing U.S. producers to concentrate on premium markets, where profitability is strongest. This is how we pave the path for rancher success.

CLICK HERE FOR MORE FOX NEWS OPINION

If U.S. ranchers are forced to simultaneously try and dominate serving both low-margin ground products and high-margin premium markets with higher-end cuts, they may become overwhelmed. From a long-term market perspective, overextension can discourage heifer retention and delay necessary herd rebuilding.

Advertisement

President Trump and his team are on the right path with the Argentina deal. This expansion should be defended unapologetically, incorporated beyond just 2026, and considered as part of a long-term strategy rather than a temporary measure.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Permanently expanding Argentina’s tariff-free access to the U.S. market for lean beef trimmings is how we ensure prices stop rising. The administration should also consider opportunities for expanded imports from other South American nations, such as Paraguay and Uruguay, where production aligns with U.S. market gaps.

Building an American First beef market requires precision and long-term thinking. The current policy shifts are moving in the right direction, which will support ranchers, strengthen our market and deliver affordability for American consumers.

CLICK HERE TO READ MORE FROM RICK PERRY

Advertisement

Related Article

The single crushing problem American cattle ranchers wish Trump would fix instead

Read the full article from Here

Continue Reading

Southwest

5th Circuit clears Texas to enforce drag show law in front of minors, Paxton claims ‘major win’

Published

on

5th Circuit clears Texas to enforce drag show law in front of minors, Paxton claims ‘major win’

NEWYou can now listen to Fox News articles!

An appellate court found on Wednesday that Texas can enforce a law regulating drag shows in public places and in the presence of minors, scrapping a lower court order that had enjoined the state from doing so.

A panel of the U.S. Court of Appeals for the 5th Circuit reaffirmed its November ruling, saying Texas can enforce the 2023 law regulating “sexually oriented performances.” The two-judge panel said only one plaintiff in the case had standing and sent the lawsuit back to the lower court to reevaluate the plaintiff’s First Amendment claim.

Texas Attorney General Ken Paxton, who is a candidate for Senate, framed the decision as a “major win” in a statement on social media.

“I successfully defended a law protecting children from being exposed to sexually illicit content at erotic drag shows,” Paxton said. “I will always work to shield our kids from exposure to erotic and inappropriate sexually oriented performances.”

Advertisement

A drag queen performs a routine set to the song “Killing in the Name” by Rage Against the Machine at the Texas State Capitol during the “No Kings” national rally in Austin, Texas on June 14, 2025, on the same day as President Trump’s military parade in Washington, D.C. (SERGIO FLORES/AFP via Getty Images)

The lawsuit, brought by numerous self-described LGBTQ organizations, centered on a state Senate bill that defined sexually oriented performances as visual performances that feature a nude person or sexual conduct and “[appeal] to the prurient interest in sex.” Under the law, a person could be prosecuted for causing a performance to occur in the presence of minors.

Judge Kurt Engelhardt, an appointee of President Donald Trump, authored the opinion and was joined by Judge Leslie Southwick, an appointee of former President George W. Bush.

The judges found that most of the plaintiffs, including a nonprofit called Woodlands Pride, did not have standing to bring First and Fourteenth Amendment challenges to the law because the groups’ performances were benign and therefore not relevant to the Texas law.

The judges said, however, that a group called 360 Queen Entertainment did engage in explicit enough performances, sometimes in the presence of minors, and therefore had standing.

Advertisement

APPEALS COURT SAYS TEXAS CAN ENFORCE DRAG SHOW BAN, SUGGESTS NOT ALL DRAG SHOWS VIOLATE STATE LAW

The Texas State Capitol in Austin (Brandon Bell/Getty Images)

“Based on the evidence introduced at trial, 360 Queen’s performances arguably include proscribed conduct,” Engelhardt wrote. “The owner described one performance where a drag queen, who was wearing a ‘very revealing’ breastplate, pulsed the breastplate in front of people and put the breastplate in people’s faces.”

Sometimes those performances were visible to children, Engelhardt noted.

The panel ordered the district court to evaluate whether 360 Queen was right to claim the Texas law violated its free speech rights under the First Amendment.

Advertisement

In a statement, Brian Klosterboer of the American Civil Liberties Union of Texas said the 5th Circuit effectively deemed some drag performances “family-friendly” but that the law, which will go into effect in March, still had perceived constitutional problems.

“The law’s vague and sweeping provisions still create a harmful chilling effect for drag artists and those who support them, while also threatening many types of performing arts cherished here in Texas, from theater to ballet to professional wrestling,” Klosterboer said.

An appellate court found on Wednesday that Texas can enforce a law regulating drag shows in public places and in the presence of minors, scrapping a lower court order that had enjoined the state from doing so. (Getty Images)

In 2023, Judge David Hittner, an appointee of President Ronald Reagan, found Texas’ law was unconstitutional. It is “not unreasonable” to think it could affect activities like live theater or dancing, Hittner wrote.

Advertisement

Last November, the 5th Circuit vacated that order. On Wednesday, it reaffirmed that decision and denied the plaintiffs’ request to rehear their appeal.

Related Article

Drag Queen Story Hour's radical origins and the subversive sexualization of our kids

Read the full article from Here

Advertisement
Continue Reading

Southwest

Man arrested on misdemeanor DUI charges outside Nancy Guthrie’s home after sobriety test

Published

on

Man arrested on misdemeanor DUI charges outside Nancy Guthrie’s home after sobriety test

NEWYou can now listen to Fox News articles!

TUCSON, Ariz. — A 34-year-old man was arrested late Thursday night outside the Arizona home where Nancy Guthrie went missing earlier this month, the Pima County Sheriff’s Department told Fox News Digital.

Shortly before 8 p.m. Thursday, deputies arrested 34-year-old Antonio De Jesus Pena-Campos in front of Guthrie’s home on misdemeanor DUI charges, the department said. 

The arrest is not related to the Guthrie investigation, the Pima County Sheriff’s Department added.

Pima County sheriff’s deputies stopped a blue Chevrolet Equinox compact SUV near Nancy Guthrie’s Tucson home late Thursday night. A man was later taken into custody after what appeared to be field sobriety testing. (Fox News)

Advertisement

Footage shows Pima County sheriff’s deputies shining a flashlight into the driver’s side of what appeared to be a blue Chevrolet Equinox compact SUV parked near the home where Guthrie was last seen Feb. 1.

Moments later, deputies spoke with Pena-Campos near a white canopy tent set up along the roadside as a deputy shined a flashlight toward the man’s face.

In another sequence, Pena-Campos walks in a straight line in what appears to be part of a field sobriety test. In subsequent footage, he is placed in the back of a sheriff’s pickup truck.

The man was detained as investigators continue searching for Guthrie, the 84-year-old mother of “Today” co-host Savannah Guthrie, who was reported missing Feb. 1 after authorities said she was taken during a home invasion. Investigators have said her pacemaker last synced with her iPhone around 2:30 a.m. that morning.

Her family has since offered a $1 million reward for information leading to her safe return as authorities continue to pursue leads.

Advertisement

NANCY GUTHRIE’S NEIGHBOR SAW SUSPICIOUS MAN WALKING NEARBY 2 WEEKS BEFORE SUSPECTED ABDUCTION

A deputy shines a flashlight toward a man’s face during what appears to be field sobriety testing outside Nancy Guthrie’s Tucson home late Thursday night. The man was later taken into custody. (Fox News)

The development comes after a Catalina Foothills resident’s street-facing Ring camera captured 12 vehicles passing by between midnight and 6 a.m. on Feb. 1, the morning Guthrie is believed to have been abducted.

Some of the activity occurred around the 2:30 a.m. mark, roughly when authorities said the 84-year-old’s pacemaker last synced with her iPhone.

A man walks in a straight line under the direction of deputies during what appears to be field sobriety testing outside Nancy Guthrie’s Tucson home late Thursday night. (Fox News)

Advertisement

Homeowners Elias and Danielle Stratigouleas told Fox News Digital that police had not canvassed their neighborhood in the 25 days since Guthrie was allegedly taken from her bed in what authorities have described as a home invasion kidnapping.

The couple said they alerted both the FBI and the Pima County Sheriff’s Department to the footage. It was not immediately clear whether the video would prove useful to investigators or whether any of the vehicles had traveled on Guthrie’s street.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

Pima County sheriff’s deputies speak with a man near a white canopy tent set up along the roadside outside Nancy Guthrie’s Tucson home late Thursday night. (Fox News)

The Stratigouleas home sits on a back road that leads out of Guthrie’s neighborhood and avoids major intersections. The property is approximately 2½ miles — or about a seven-minute drive — from the crime scene, according to Google Maps.

Advertisement

One of the videos was recorded at approximately 2:36 a.m., roughly eight minutes after Guthrie’s pacemaker last synced with her iPhone, based on the sheriff’s timeline.

Fox News’ Michael Ruiz and Olivia Palombo contributed to this report. 

Related Article

Sources reveal update on DNA recovered inside Nancy Guthrie's home

Read the full article from Here

Continue Reading
Advertisement

Trending