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Judge Fernando Rodriguez Jr. is a Trump nominee with conservative credentials. But he found White House claims about a Venezuelan gang “invasion” went too far.

Mattathias Schwartz reported from the federal courthouse in Brownsville, Texas.
May 2, 2025, 9:51 a.m. ET
Judge Fernando Rodriguez Jr., a bespectacled, soft-spoken 56-year-old nominated by President Trump, turned his high-backed leather chair toward a government lawyer at the federal courthouse in Brownsville, Texas, and asked a question. Can the president define what counts as an invasion, then declare that an invasion is happening, and then use a 1798 war powers law to expel the so-called invaders?
“Yes,” answered Michael Velchik, a Justice Department lawyer.
Judge Rodriguez followed up: Wouldn’t that make Mr. Trump’s powers under the wartime law, the Alien Enemies Act, “effectively limitless?”
The question hinted at a groundbreaking ruling that Judge Rodriguez issued on Thursday when he found that Mr. Trump was wrong to claim that the activities of Tren de Aragua, a Venezuelan gang in the United States, amounted to an “invasion” that justified invoking the wartime law.
The decision was the most sweeping ruling issued so far by a federal judge blocking the most aggressive prong of Mr. Trump’s effort, one that was already used to deport nearly 140 Venezuelans to a prison in El Salvador on March 15. It comes after a Supreme Court decision in early April that Venezuelan detainees facing potential deportation under the Alien Enemies Act could file lawsuits in the district courts where they were being held.
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The result of the court’s order has been that challenges to a key piece of Mr. Trump’s immigration agenda, which began in Washington, are spreading around the country, filling the dockets of federal judges and drawing tough and skeptical questioning — even from jurists with impeccable conservative credentials.