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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.
“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.”
“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)
“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.
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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Arizona governor vetoes Charlie Kirk memorial license plate, sparking GOP outrage: ‘This bill falls short’
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Democratic Arizona Gov. Katie Hobbs is facing fierce backlash after vetoing a bill that would have created a specialty license plate honoring slain Turning Point USA founder Charlie Kirk, a move Republicans are blasting as a stunning act of partisanship after his assassination.
Kirk, who was assassinated while speaking at a Sept. 10 Turning Point USA event at Utah Valley University, lived in Arizona with his wife, Erika, and two children.
The proposed specialty plate, referred to as the “Charlie Kirk memorial” plate or the “Conservative grassroots network special plate,” featured a photo of the late Kirk and the TPUSA logo in front of an American flag background.
Below the license plate number were the words “FOR CHARLIE.”
A custom Arizona license plate, featuring a Turning Point USA and Charlie Kirk design, shared by state Sen. Jake Hoffman. (Senator Jake Hoffman via X)
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Of the $25 fee required for the plate, $17 would be an annual donation deposited into the Conservative Grassroots Network Special Plate Fund, according to the legislation.
While the recipient of the Grassroots Network Special Plate Fund was not explicitly designated as TPUSA in the bill, it noted the director of the fund would allocate revenue annually to a nonprofit organization, founded in 2012, that focuses on restoring traditional values, maintaining a grassroots activist network on high school and college campuses in Arizona, and assisting college students with voter registration and absentee ballots.
People gather at a memorial to mourn Turning Point USA Founder Charlie Kirk outside Turning Point USA headquarters Sept. 12, 2025, in Phoenix. (Charly Triballeau/AFP via Getty Images)
TPUSA, founded by Kirk in 2012, is well known for its grassroots activist networks on high school and college campuses. It is headquartered in Phoenix, Arizona.
The $25 fee and annual $17 donation are consistent with the fees for the other 109 nonprofit license plates offered by the Arizona Department of Transportation (ADOT).
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The state Senate passed the bill, 16-2, with the House of Representatives voting 31-23 in favor prior to Hobbs’ veto.
Specialty plates in Arizona are authorized by the legislature and sent to the governor to be signed into law. They have been offered since 1989.
In a letter explaining the veto, Hobbs cited concerns with the bill “bring[ing] people together,” claiming it would “insert politics into a function of government that should remain nonpartisan.”
Democratic Arizona Gov. Katie Hobbs is facing fierce backlash after vetoing a bill that would have created a specialty license plate honoring slain Turning Point USA founder Charlie Kirk. (Rebecca Noble/Getty Images)
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“Charlie Kirk’s assassination is tragic and a horrifying act of violence,” Hobbs wrote. “In America, we resolve our political differences at the ballot box. No matter who it targets, political violence puts us all in harm’s way and damages our sacred democratic institutions.
“I will continue working toward solutions that bring people together, but this bill falls short of that standard.”
Specialty license plates with political interests already approved by the state include the “Choose Life” Plate, which benefits the Arizona Life Coalition and its mission to promote anti-abortion advocacy and education; the “In God We Trust” Plate, which benefits conservative Christian legal advocacy group Alliance Defending Freedom; and the Arizona Realtors’ “Homes for All” Plate, which funds affordable housing projects.
Charlie Kirk, founder of Turning Point USA, speaks during the Turning Point Action conference in 2023 in West Palm Beach, Fla. (Lynne Sladky/AP Photo)
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Another approved plate, “Alice Cooper’s Solid Rock Plate,” which benefits Solid Rock Teen Centers, features a portrait of the legendary musician, who has made political comments about social issues including gender identity.
Republican state Sen. Jake Hoffman, who sponsored the bill, posted a fiery statement on social media after the governor’s action, claiming her “grotesque partisanship knows no bounds.”
“Even in the wake of a global civil rights leader — an Arizona resident and her own constituent — being assassinated in broad daylight for his defense of the First Amendment, Hobbs couldn’t find the human decency to put her far-Left extremism aside simply to allow those how wish to honor him to do so,” Hoffman wrote. “Katie Hobbs will forever be known as a stain on the pages of Arizona’s story.”
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On Saturday, TPUSA COO Tyler Bowyer shared an X post that said, “Deport Katie Hobbs.”
TPUSA, Bowyer and Hobbs’ office did not immediately respond to Fox News Digital’s requests for comment.
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Air Force veteran warns ‘cartels don’t collapse — they fracture’ after notorious drug lord killed
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Nearly two weeks after Mexican forces killed notorious cartel boss Ruben “El Mencho” Oseguera Cervantes, questions remain about how the powerful Jalisco New Generation Cartel (CJNG) will respond and whether the blow will meaningfully disrupt the flow of fentanyl into the United States.
Carlos De La Cruz, a 20-year U.S. Air Force veteran who deployed after 9/11 and later served along the southern border, told Fox News the cartel leader’s death marked a major victory, but warned Americans should not mistake it for the end of the fight.
“When I say that this is a significant win, I mean it,” De La Cruz said. “El Mencho ran one of the most violent cartels on the planet.”
Oseguera, who rose to prominence in the post–El Chapo era, oversaw CJNG’s aggressive expansion across Mexico and into key trafficking corridors feeding U.S. drug markets. Under his leadership, the cartel became a central architect of fentanyl and methamphetamine trafficking and drew a $15 million U.S. reward for information leading to his capture.
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Smoke rises from burning vehicles after a military operation that a government source said killed Mexican drug lord Nemesio Oseguera, known as “El Mencho,” in Puerto Vallarta, Mexico, on Feb. 22, 2026. (Screen grab obtained from a social media video. @morelifediares via Instagram/YouTube via Reuters)
But De La Cruz cautioned that removing a cartel kingpin does not dismantle the organization.
“Cartels don’t collapse when you just cut the head off — they fracture,” he said. “And part of that fracture is going to see a lot of short-term violence while all these factions fight over territory.”
Following Oseguera’s killing on Feb. 22, the U.S. State Department issued travel alerts in multiple Mexican states, citing road blockages and criminal activity tied to security operations, underscoring concerns about instability in the aftermath.
Drawing on his military background studying enemy command structures, De La Cruz described the cartel fight as a long-term campaign requiring sustained pressure.
A mughsot of Ruben “Nemesio” Oseguera Cervantes, known as “El Mencho,” beside graffiti depicting the letters of the Jalisco New Generation Cartel, covering the facade of an abandoned home in El Limoncito, in the Michoacan state of Mexico. (Eduardo Verdugo/AP Images; Drug Enforcement Administration)
“You don’t win a war with just one airstrike,” he said. “The goal is dismantling the networks and going after their financing.”
De La Cruz, who is running for Congress and is the brother of Texas Republican Rep. Monica De La Cruz, argued that CJNG’s Foreign Terrorist Organization designation gives U.S. law enforcement and intelligence agencies expanded tools to target cartel infrastructure and financial pipelines.
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A soldier stands guard by a charred vehicle after it was set on fire in Cointzio, Mexico, Sunday, Feb. 22, 2026, after the cartel leader’s death. (Armando Solis/AP Photo)
But he stressed that the fentanyl crisis should be viewed as a domestic security emergency, not a distant foreign problem.
“For decades, they were using their territories as launching pads to pump chemical weapons into America — because that’s exactly what fentanyl is,” he said.
De La Cruz, who said he worked side by side with Customs agents while deployed to the border, warned that cartel networks are highly adaptive and that any gains could be temporary without sustained follow-through.
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Smoke rises after violence hit Puerto Vallarta, Mexico. (Courtesy of Scott Posilkin)
“These networks, they’re going to adjust. They’re going to adapt and they’re going to adapt quickly,” he said. “We have to continue to go after the money launderers, especially on our side of the border, because that’s the full fight.”
While Oseguera’s death removes one of the most dominant figures in Mexico’s criminal underworld, De La Cruz said the mission is personal.
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“I took an oath to defend this country,” he said. “And I intend to stand by that oath.”
Fox News Digital’s Greg Wehner contributed to this report.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.
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Search for Nancy Guthrie enters 5th week, cadaver dogs on hold
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TUCSON, Ariz. — More than five weeks after the suspected abduction of Nancy Guthrie — the 84-year-old mother of “Today” co-host Savannah Guthrie — Arizona authorities say cadaver dogs used earlier in the investigation are not currently being deployed as the search continues.
The elder Guthrie is believed to have been kidnapped from her home in the Catalina Foothills in northern Tucson around 2:30 a.m. on Feb. 1.
While no suspects have been publicly identified, and she has not been found, cadaver dogs had been deployed earlier in the case, according to Pima County Sheriff Chris Nanos. They have not been visible in weeks.
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A member of the Pima County Sheriff’s Office remains outside of Nancy Guthrie’s home, Monday, Feb. 9, 2026 in Tucson, Ariz. (AP Photo/Ty ONeil; Nathan Congleton/NBC via Getty Images)
“They are available if needed in the future,” he told Fox News Digital.
There are a number of reasons not to be using cadaver dogs at this stage in the investigation, according to Betsy Brantner Smith, a retired police sergeant and spokeswoman for the National Police Association.
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Savannah Guthrie visits the Today show at Rockefeller Plaza in New York on Thursday, March 5, 2026. (Charles Sykes/Invision/AP)
One would be if there’s credible information that Guthrie is still alive.
“Anything is possible,” Nanos told Fox News Digital last week, adding that he would not discuss specific leads or evidence in the case.
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Brantner Smith, who is not involved in the case, said departments may hold back K-9 resources for several reasons. Those could be that authorities don’t have a good idea of where to search, they think she might be concealed in a place where dogs would have a hard time detecting her, or they believe she’s been taken to Mexico, according to Brantner Smith.
Law enforcement agents walk around the neighborhood where Annie Guthrie, whose mother Nancy Guthrie has been missing for more than a week, lives just outside Tucson, Ariz. (Ty ONeil/AP Photo)
“I do believe that the sheriff’s department has much more information that they are not releasing to the public,” she told Fox News Digital. “And I’m not sure at this point why that would be, unless they have a solid suspect and don’t want to tip them off.”
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Most departments, including the Pima County Sheriff’s, don’t have their own cadaver dogs and borrow them from state and federal authorities or neighboring jurisdictions.
An investigator looks inside a culvert in the neighborhood where Annie Guthrie, whose mother Nancy Guthrie has been missing for more than a week, lives just outside Tucson, Ariz., on Tuesday, Feb. 10, 2026. (Ty ONeil/AP Photo)
In Guthrie’s case, the sheriff’s department sought K-9 assistance from the local Border Patrol office earlier in the investigation.
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PCSD deferred further comment on the K-9s to Customs and Border Protection, which did not immediately respond to a request for comment.
A member of the Pima County Sheriff’s Office walks around Nancy Guthrie’s home on Tuesday, Feb. 10, 2026 in Tucson, Ariz. (Ty ONeil/AP Photo)
The biggest lead so far has been Nest camera video showing a masked intruder on Guthrie’s doorstep the morning of her abduction.
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He is described as about 5 feet, 9 inches to 5 feet, 10 inches tall and of medium build.
Nancy Guthrie, 84, has been missing from her Arizona home since Jan. 31, 2026. (Don Arnold/WireImage/Getty Images)
He was wearing a black Ozark Trail backpack.
Authorities have said they won’t consider the case cold until they run out of viable leads to follow up on — and tens of thousands have come in so far.
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Savannah Guthrie has asked anyone with information to dial 1-800-CALL-FBI.
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There’s a combined reward of more than $1.2 million for information that leads to her mother’s recovery.
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