Just Saying
By Raul Hernandez
In a legal scorcher that should be framed in every law school classroom, Federal Judge David Briones of El Paso recently handed down a 37-page rebuke on June 9 that obliterated the Trump administration’s attempt to short-circuit the Constitution at the border.
At the heart of the case: the administration’s use of the Alien Enemies Act, a dusty 1798 law meant for wartime enemies, not asylum seekers or alleged gang members from Venezuela.
Trump’s team tried to stretch that law to justify fast-tracked deportations of individuals they claimed—without meaningful evidence—were members of the Venezuelan gang Tren de Aragua.
Briones wasn’t having it.
He ruled that the law requires something far more serious—a militarized effort to conquer U.S. territory, not vague allegations about gangs crossing the border. “No invasion,” Briones declared. And that alone would’ve been enough to shut the door.
But the judge went further. He hammered home what used to be considered Civics 101: Even non-citizens on U.S. soil have constitutional rights. Chief among them? Due process.
The administration’s shortcut around hearings, evidence, and legal notice wasn’t just sloppy—it was illegal. Briones slammed the government’s claims as “a wasting of judicial resources,” pointing out they didn’t even bother to present credible proof that the individuals were gang members. It wasn’t national security. It was political theater masquerading as law.
Even more damning was Briones’ reminder that presidents don’t write checks. Appropriations belong to Congress. Trump’s maneuver to reroute funds and bypass the legislative branch violated the sacred separation of powers. It’s a theme that has echoed through courtrooms for years, but rarely with this much fire.
The ruling has immediate consequences. The government is now blocked from deporting any alleged Tren de Aragua member from the Western District of Texas under the Alien Enemies Act unless it follows proper legal channels.
Judge Briones also certified the ruling as a class action, giving broad protection to anyone similarly targeted. Moving forward, the government must provide 30 days’ notice before attempting to remove any individual under this law.
Let’s be clear: This ruling doesn’t hand out free passes to undocumented immigrants. The government still has every right to use standard immigration laws. What it can’t do is shred the Constitution in the process.
Judge Briones’ opinion is a reminder that fear doesn’t trump the rule of law, and border policy doesn’t get a constitutional exemption.
In times like these, that’s not just a legal point—it’s a moral one.