A US federal appeals court has ruled against President Donald Trump’s use of the 1798 Alien Enemies Act (AEA) to deport alleged Venezuelan gang members, blocking its application in Texas, Louisiana, and Mississippi.
The Fifth Circuit Court of Appeals issued a 2-1 decision, finding that Trump’s reliance on the centuries-old wartime law was not justified. “We conclude that the findings do not support that an invasion or a predatory incursion has occurred,” Judge Leslie Southwick wrote, with Judge Irma Carrillo Ramirez concurring. The panel granted a preliminary injunction halting removals under the measure.
Trump invoked the AEA on March 15, using it to deport alleged members of the Venezuelan Tren de Aragua gang, sending two planeloads of detainees to El Salvador’s CECOT maximum-security prison. The law, last applied during World War II against Japanese-Americans, allows the detention and deportation of nationals from hostile states in times of war or “predatory incursion.”
In his dissent, Judge Andrew Oldham argued that courts should not interfere in the president’s determination. “From the dawn of our nation until President Trump took office a second time, courts have never second-guessed the President’s invocation of that Act,” he wrote.
The ruling adds to a series of legal challenges against Trump’s immigration policies, many of which have faced resistance in the courts. His administration has designated gangs such as Tren de Aragua and MS-13 as terrorist groups, sent troops to the Mexican border, and imposed tariffs on Mexico and Canada over migration issues.
Last week, another appeals court temporarily blocked the administration from ending Temporary Protected Status (TPS) for some 600,000 Venezuelans. According to the Pew Research Center, Venezuelans make up the largest share of the 1.2 million people eligible for or receiving TPS in the United States as of March 2024.
