Appeals Court Blocks Trump Deportations Under Alien Enemies Act/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ A federal appeals court ruled President Donald Trump cannot invoke the Alien Enemies Act of 1798 to deport alleged Venezuelan gang members. The 2-1 decision says the law applies only in wartime, not against criminal groups. The case is expected to reach the Supreme Court.
Trump Alien Enemies Act Ruling Quick Looks
- 5th Circuit blocks Trump deportations under 1798 Alien Enemies Act
- Law historically applied only during declared wars (1812, WWI, WWII)
- Case focused on Venezuelan gang Tren de Aragua, targeted in March
- Court said no “invasion or predatory incursion” justified the law’s use
- Majority: Bush- and Biden-nominated judges ruled against Trump
- Dissent: Trump-appointed judge argued courts should defer to president
- ACLU hailed ruling as “critically important” for limiting executive power
- DHS blasted decision as undermining “the will of the American people”
- Supreme Court likely to decide ultimate outcome
- Over 250 deported migrants already returned to Venezuela in July deal
Appeals Court Blocks Trump Deportations Under Alien Enemies Act
Deep Look
WASHINGTON — A federal appeals court delivered a significant setback to the Trump administration on Tuesday, ruling that President Donald Trump cannot use the Alien Enemies Act of 1798 to expedite deportations of migrants accused of belonging to a Venezuelan gang.
The 2-1 decision by the 5th U.S. Circuit Court of Appeals blocks one of Trump’s marquee immigration enforcement policies and sets the stage for a high-stakes showdown at the Supreme Court.
Court Rejects Wartime Law for Gangs
The Trump administration argued that the gang Tren de Aragua — which it labeled a Venezuelan-linked threat — could be classified as an “alien enemy” under the centuries-old statute. But immigrant rights groups, led by the ACLU, challenged the move, saying the law was never intended for peacetime immigration enforcement.
Judges Leslie Southwick, appointed by George W. Bush, and Irma Carrillo Ramirez, a Biden nominee, agreed with that argument. In their majority opinion, they said Trump’s claims of danger from Tren de Aragua “did not meet the historical levels of national conflict” envisioned by Congress.
“A country’s encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States,” the judges wrote.
Judge Andrew Oldham, a Trump appointee, dissented sharply, accusing his colleagues of undermining presidential authority in national security and foreign affairs.
“The majority’s approach is not only unprecedented—it is contrary to more than 200 years of precedent,” Oldham said.
ACLU and DHS Respond
Lee Gelernt of the ACLU, who argued the case, praised the ruling: “This is a critically important decision reining in the administration’s view that it can simply declare an emergency without any oversight by the courts.”
But the Department of Homeland Security criticized the decision, calling it “another case of unelected judges undermining the will of the American people.” DHS vowed to appeal, insisting the administration had “the law, the facts, and common sense on our side.”
Deportations Already Carried Out
The Trump administration has already deported some migrants identified as Tren de Aragua members, in some cases sending them to a notorious prison in El Salvador. In July, more than 250 deported migrants were returned to Venezuela as part of a negotiated deal.
The ruling halts further deportations in Texas, Louisiana, and Mississippi, the three states under the 5th Circuit’s jurisdiction.
Alien Enemies Act Rarely Used
Passed in 1798 amid tensions with France, the Alien Enemies Act has only been invoked three times in U.S. history — during the War of 1812, World War I, and World War II — all in contexts of declared war. The appeals court emphasized this history, concluding that targeting a criminal gang falls far outside the act’s intended scope.
Next Stop: The Supreme Court
The legal battle is far from over. The ruling allows the administration to appeal either to the full 5th Circuit or directly to the U.S. Supreme Court, which has already intervened twice in the case.
Earlier this year, the high court allowed deportations under the act but required that migrants be given an opportunity to contest their cases before judges. Later, in an unusual post-midnight order, it blocked further removals until the appeals court addressed whether migrants had been given adequate notice and due process.
The justices have not yet ruled on the central question: whether a gang like Tren de Aragua can legally be designated as an “alien enemy.”
Conclusion
For now, the appeals court ruling reins in Trump’s aggressive use of presidential authority on immigration, but the fight is headed toward a climactic ruling at the Supreme Court. The outcome could reshape the limits of executive power in immigration and national security for years to come.
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