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First Thing: the US morning briefing

First Thing: Judge rules Alien Enemies Act does not allow Trump to deport alleged gang members

Ruling is strongest pushback yet on use of 18th-century law. Plus, Black Sabbath give their first interview in two decades

People with placards
Protesters in New York demonstrating on 24 April against the deportation of immigrants to El Salvador. Photograph: Michael M Santiago/Getty Images

Good morning.

The 18th-century Alien Enemies Act does not allow Donald Trump to deport Venezuelan immigrants alleged to be gang members, a federal judge in Texas has ruled.

Although it only applies to migrants detained in the southern district of Texas, the ruling by judge Fernando Rodriguez Jr is the first permanent injunction to directly address whether the government can use the 1798 Alien Enemies Act (AEA) to deport migrants alleged to be members of Tren de Aragua.

The law, which has been used to deport Venezuelans without due legal process, is supposed to apply in times of war between the United States and a foreign nation when invasion is “perpetrated, attempted, or threatened”.

  • What did Rodriguez’s ruling state? That Trump’s use of the act “exceeds the scope of the statute and, as a result, is unlawful”, since alleged Tren de Aragua members have not staged an “organized armed attack” and Venezuela has not tried to attack the US.

Trump removes Mike Waltz as national security adviser – and makes him UN ambassador

Mike Waltz attends a cabinet meeting at the White House on 24 April.
Mike Waltz attends a cabinet meeting at the White House on 24 April. Photograph: ABACA/Rex/Shutterstock

Donald Trump’s national security adviser, Mike Waltz, and his deputy, Alex Wong, will be removed from their posts after they lost the backing of White House officials.

Trump has said he will nominate Waltz to be the US ambassador to the UN, and has made the secretary of state, Marco Rubio, his pick to take on the job of the national security adviser on an interim basis.

The decision to remove Waltz comes weeks after Waltz accidentally added the editor-in-chief of the Atlantic magazine to a Signal group chat that discussed sensitive information about US missile strikes in Yemen before they happened.

  • Is it just over the Signal scandal? Apparently not. The two men were said to have been on thin ice owing to a difficult working relationship with Trump’s chief of staff, Susie Wiles.

Russian attacks continue as US prepares to resume weapons sales to Ukraine

Ukrainian soldieres fire an American-made M777 Howitzer
Ukrainian troops firing an American-made M777 Howitzer at Russian positions last July. Photograph: Scott Peterson/Getty Images

Russian strikes on Ukraine continued overnight, injuring more than 30 people, a day after Kyiv and Washington signed a minerals deal that the Trump administration says is central to giving the US an incentive to invest in Ukraine’s security.

The attacks came as the administration prepared to approve its first sale of military equipment to Kyiv since Donald Trump returned to the White House. Trump paused weapons shipments to Ukraine after coming to office.

  • What has Ukraine said about the deal? Volodymyr Zelenskyy hailed the agreement as “truly equal”, adding that it created “an opportunity for quite significant investment in Ukraine”.

In other news …

Jet high up in light blue sky
An Israeli fighter jet fires a rocket near the Syrian capital, Damascus, on Wednesday. Photograph: Bakr Alkasem/AFP/Getty Images
  • Israel has launched strikes against Damascus, with officials saying calling it a warning after days of clashes between pro-government militia and fighters from the Druze minority sect.

  • The CIA has released videos inviting dissatisfied Communist party officials to spy on China as trade hostilities between Washington and Beijing deepened.

  • The UK’s Labour party lost a seat to the hard-right Reform party in a byelection by just six votes on Thursday.

  • The Trump administration has asked the US supreme court to affirm its attempt to remove legal status from more than 300,000 Venezuelans in the US, allowing for their deportation.

Stat of the day: Three-quarters of nearly 500 bird species in decline in North America

Snowy owl
The number of snowy owls has reduced dramatically, the research found. Photograph: Prisma by Dukas Presseagentur GmbH/Alamy

Three-quarters of almost 500 avian species in North America are declining, an analysis of data gathered through citizen science has found. Population numbers are falling fastest in areas where they are most plentiful, worrying researchers about previously protected areas failing to prevent a collapse in numbers. The main theories for the decline were global heating and habitat change.

Don’t miss this: Black Sabbath on reconciling for their final gig – and how Ozzy is living through hell

Black Sabbath, from left: Geezer Butler, Ozzy Osbourne, Tony Iommi and Bill Ward when younger
Black Sabbath, from left: Geezer Butler, Ozzy Osbourne, Tony Iommi and Bill Ward, in the early 1970s. Photograph: Unknown

As they prepare for a farewell tour, Black Sabbath tell the Guardian about Ozzy Osbourne’s accident and health problems – and how Sharon Osbourne got him out of “Doom Town” with the idea of pulling together a lineup that would be “the greatest day in the history of heavy metal” (according to the show’s musical director, Tom Morello). Here’s what the Osbournes say they will do next (hint: it features animal rescue).

Climate check: Justice department sues Michigan and Hawaii over climate suits against big oil

People in protective gear clean up beach
Crews clean up an oil spill along Lake Michigan in Whiting, Indiana, in 2014. Photograph: E Jason Wambsgans/Chicago Tribune via Getty Images

The justice department has filed lawsuits against the states of Michigan and Hawaii over their intention to sue fossil fuel companies, claiming it would be in conflict with federal government authority and Donald Trump’s agenda. The department is arguing that the Clean Air Act “displaces” states’ ability to take action on emissions beyond their borders. Legal experts say the suits are unprecedented.

Last Thing: Coin flip – 8m dimes spill on US highway

Money on road
Dimes were scattered across US Route 287 after a 18-wheeler rolledover in Alvord, Texas, on 29 April. Photograph: Austin Jackson/Wise County Messenger

A Texas highway was shut for almost 14 hours after a torrent of 8m freshly minted dimes poured out of an overturned truck. Witnesses watched as workers sucked up the sea of silver using vacuum-powered heavy machinery, while rumors circulated that $8m was lying on the road – though no crowds materialized to scoop up the cash.

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