Southwest
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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Southwest
Suspected cult creeps plead not guilty after moms found in buried freezer
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Two men accused of killing two Kansas mothers and hiding their bodies in a buried freezer pleaded not guilty Wednesday in an Oklahoma courtroom.
Tad Cullum, 43, and Cole Twombly, 50, entered their pleas to multiple charges connected to the deaths of 39-year-old Jilian Kelley and 27-year-old Veronica Butler. Both men are charged with two counts of first-degree murder, conspiracy to commit murder, unlawful removal of a dead body and unlawful desecration of a human corpse, according to court records.
Cullum’s trial is scheduled to begin June 1, 2026, while Twombly’s is set for Oct. 19, 2026.
During Wednesday’s hearing, the judge approved a motion allowing defense attorneys for Cullum, Twombly and co-defendant Tifany Adams to access jail phone calls and text messages made by all five defendants in the case. Authorities have said some of the suspects are linked to a religious, anti-government group called “God’s Misfits.”
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The suspects charged in the killings of Veronica Butler and Jilian Kelley. (Oklahoma State Bureau of Investigation – Authorized Page/Facebook)
In a separate ruling, the judge ordered that several personal belongings be returned to the victims’ families, including Kelley’s wedding ring and Butler’s vehicle.
After the hearing, Butler’s mother told KSN News that the best way to honor the women’s memories is through prayer, asking the community to pray for “redemption, forgiveness, and salvation for everyone involved.”
Authorities say Butler and Kelley vanished on March 30, 2024, while driving to pick up Butler’s children. Their car was found abandoned near the Oklahoma–Kansas border under suspicious circumstances.
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Veronica Butler, left, and Jilian Kelley were last seen alive on March 30, 2024, while driving to pick up children, police say. (Oklahoma Highway Patrol)
Two weeks later, investigators discovered their bodies inside a chest freezer buried in a rural cow pasture in Texas County. Both had been stabbed to death, according to the Oklahoma State Bureau of Investigation (OSBI).
The agency announced the arrests of Cullum, Twombly, Tifany Machel Adams, 54, and Cora Twombly, 44, on April 13, 2024, in connection with the murders. A fifth suspect, 31-year-old Paul Grice, was taken into custody shortly afterward.
Pictured are Cody and Cora Twombly, whose 16-year-old daughter’s statement to police helped seal their arrests in the murders of Veronica Butler and Jilian Kelley. (Texas County Sheriff’s Department)
Last month, Adams pleaded no contest to two counts of first-degree murder and related charges involving the unlawful handling and concealment of the victims’ remains. Court documents confirm the plea included additional counts of unlawful removal and desecration of a human corpse, and that the state agreed not to seek the death penalty in her case.
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Paul Grice was arrested and booked into the Texas County Jail on two counts of first-degree murder, two counts of kidnapping and one count of conspiracy to commit murder in the first degree in connection to the killings of Veronica Butler and Jilian Kelley. (Oklahoma State Bureau of Investigation)
In December 2024, KSN reported that two plea deals were announced in the case and that prosecutors moved to have Cora Twombly and Grice testify during preliminary hearings.
Texas County District Attorney George H. Leach III has announced plans to seek the death penalty against both Cullum and Cole Twombly.
According to court filings, the state is seeking the death penalty for both men, citing multiple aggravating factors. The state said the murders were “especially heinous, atrocious, or cruel,” that they were “committed to avoid arrest or prosecution,” and that the defendants pose a “continuing threat to society.”
Prosecutors allege the murders were planned over several weeks and that the victims suffered extensive physical abuse and stab wounds before their deaths.
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Investigators allege several of the suspects were part of a religiously affiliated, anti-government group called “God’s Misfits.” Authorities believe the killings were tied to an ongoing custody dispute involving Butler’s children.
At the time of the women’s disappearance, Adams’ son, Wrangler Rickman, who had custody of the children, was in a rehabilitation facility. Butler had been allowed supervised visitation every Saturday and, according to court records, was expected to gain unsupervised visitation rights in the coming weeks.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.
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Southwest
ICE officer seriously injured after illegal immigrant assault, using metal coffee cup
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A U.S. Immigration and Customs Enforcement (ICE) officer was seriously injured Monday in Houston while arresting a Salvadoran national on charges of violent crimes, according to officials.
The Department of Homeland Security (DHS) said in a statement that the officer was struck in the face with a metal coffee cup by twice-deported Leonel Perez Rodriguez.
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The Department of Homeland Security (DHS) said in a statement that the ICE officer was struck in the face with a metal coffee cup during the arrest of 33-year-old Walter Leonel Perez Rodriguez, from El Salvador. (Department of Homeland Security)
The ICE officer allegedly suffered injuries including severe burns and a deep laceration on his face which needed 13 stitches.
The incident happened when ICE Enforcement and Removal Operations (ERO) officers tried to detain Rodriguez, 33, after his most recent reentry into the U.S.
Authorities said Rodriguez has since been referred for federal prosecution for illegal reentry and assaulting a federal officer.
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U.S. Immigration and Customs Enforcement (ICE) officer was allegedly injured by Walter Leonel Perez Rodriguez. (Department of Homeland Security)
Per the release, Rodriguez’s criminal record includes a conviction for sexual assault of a child under 17, multiple DUIs and repeated illegal entries into the U.S.
He was deported in 2013 and again in 2020 after serving prison time for his offenses.
“This young officer’s life has forever been altered as a result of the continued hyper-politicization of routine law enforcement activities and spread of misinformation by the media, NGOs, and other groups opposed to immigration enforcement,” said Bret Bradford, ICE’s Houston Field Office Director.
ICE ARRESTS ILLEGAL IMMIGRANT ARMED WITH KNIFE, CRACK PIPE IN HOUSTON PARKING LOT
ICE moves forward with its operations nationwide amid what DHS officials have called “the Democrats’ longest government shutdown in American history.” (Christopher Dilts/Bloomberg via Getty Images)
“By focusing on our officers and spreading false propaganda about how we accomplish our mission, they are emboldening dangerous illegal aliens like this child predator to physically resist arrest. This insanity has to stop before anyone else gets hurt.”
The assault comes as ICE moves forward with its operations nationwide amid what DHS officials have called “the Democrats’ longest government shutdown in American history.”
Assistant Secretary Tricia McLaughlin praised ICE personnel Thursday for maintaining operations under challenging conditions.
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“The shutdown has not stopped ICE from protecting American communities,” she said in a statement.
“Seventy percent of ICE arrests are of illegal aliens charged or convicted of crimes in the United States. Our officers remain committed to keeping the nation safe, regardless of political obstacles.”
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Southwest
ICE says it took down group linked to violent home invasions in Texas; video shows victim chased, attacked
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FIRST ON FOX: ICE said federal agents captured members of a South American theft ring believed to be in the U.S. illegally who attacked families in a series of violent armed break-ins across Texas.
According to the agency, the group targeted small business owners across the Lone Star State.
In one incident, video obtained by FOX News shows two masked men holding handguns chasing a screaming resident around his house. The victim was seen being hit by the suspects.
Four suspects have been federally indicted in connection with the break-ins, and two have been convicted.
ICE ARRESTS ILLEGAL IMMIGRANT ARMED WITH KNIFE, CRACK PIPE IN HOUSTON PARKING LOT
Armed men seen chasing a Texas resident in a home invasion. (Immigration and Customs Enforcement)
The group is believed to be members of the South American Theft Group (SATG), an organized network of foreign nationals, primarily from South America, who travel throughout the U.S. targeting wealthy homes and businesses by committing burglaries and thefts, according to ICE.
The members, ICE stated, use encrypted messaging apps, burner phones and pre-surveillance of neighborhoods to identify and target victims. Items stolen include high-value jewelry, luxury watches and cash.
ICE said most members of the group are in the U.S. illegally or remain in the country on expired visas.
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Joel Hallynson Espinal-Cantareo is an illegal migrant from Honduras who was convicted and sentenced in September to more than 11 years in federal prison, according to ICE. (HSI)
One man involved, 38-year-old Joel Hallynson Espinal-Cantareo, is an illegal migrant from Honduras who was convicted and sentenced in September to more than 11 years in federal prison for interference with interstate commerce by robbery, according to ICE. His federal sentence will run consecutively to pending state cases.
Espinal-Cantareo was involved in at least three armed home invasions at residences in Irving, Cedar Hill and Frisco, investigators said. In those incidents, business owners were pistol-whipped, zip-tied and forced to hand over cash and valuable items.
“This 11-year sentence sends a clear message that violent crime and threats to public safety will not be tolerated,” Homeland Security Investigations (HSI) Dallas Special Agent in Charge Travis Pickard said in a statement. “Espinal-Cantareo’s actions affected small businesses and endangered lives. This significant sentence reflects the seriousness of those crimes. ICE will continue to work closely with our federal, state and local partners to protect our communities and bring violent offenders to justice.”
ICE said most members of the group are in the U.S. illegally or remain in the country on expired visas. (Getty Images)
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Three suspects were indicted after HSI presented the federal case to the U.S. Attorney’s Office in Sherman. A fourth suspect, who was prosecuted separately by the Dallas County District Attorney’s Office, has since been convicted and sentenced to life in prison.
Two other cases are still pending, according to ICE.
ICE said it has issued an immigration detainer to ensure Espinal-Cantareo is transferred to federal immigration custody when he finishes his federal sentence. The agency said it will pursue his deportation following his release from federal custody.
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