Trump Instigated the Battle with Judges over Immigration

By operating outside the law or doing so in irregular ways, Trump made judicial intervention inevitable.

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President Donald Trump delivers a commencement address at the University of Alabama in Tuscaloosa, Ala., May 1, 2025.

Leah Millis/Reuters

There is crying and gnashing of teeth in the White House over the obstacle that federal district judges have become to President Trump’s effort to make good on the mass deportation promises of his campaign. The president’s immigration strategist, Stephen Miller, has even taken to calling them “communist” judges — members of the “rogue, radical left judiciary” who have “shut down the machinery of our national security apparatus.”

On Thursday, however, it was a Trump-appointed judge — Fernando Rodriguez Jr. in the Southern District of Texas — who invalidated the president’s Alien Enemy Act invocation. Judge Rodriguez was plainly sympathetic to the president’s immigration-enforcement agenda; it’s just that the administration’s methods, outside the congressional laws the president is sworn to execute, were illegal.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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