A federal appeals court has ruled against the Trump administration’s attempt to expedite the deportation of migrants linked to the Venezuelan gang Tren de Aragua. This decision came from the Fifth U.S. Circuit Court of Appeals, which stated that the 1798 Alien Enemies Act was not designed for this purpose.
The ruling was a 2-1 decision that sided with immigrant rights advocates, asserting that the law should not be a tool for addressing gang activities. Lee Gelernt, who represented the case for the American Civil Liberties Union, praised the ruling, indicating it was a significant check on executive power and the administration’s emergency claims without court oversight.
Historically, the Alien Enemies Act has only been invoked during times of declared conflict, such as the War of 1812 and both World Wars. The Trump administration argued that Tren de Aragua’s ties to the Venezuelan government justified using the law to protect the U.S. from potential threats.
In particular, the administration deported several alleged gang members to a large prison in El Salvador, claiming U.S. courts could not interfere with those deportations. Recently, over 250 deported migrants returned to Venezuela under a new agreement.
The court found no evidence of an “invasion or predatory incursion” in this situation and determined that the administration’s interpretation of the law did not align with the Congressional intent behind its enactment. The majority opinion emphasized that a country encouraging illegal entry does not equate to the historical threats the law was meant to address.
In contrast, Judge Andrew Oldham, who dissented, argued that the majority was undermining the president’s authority in matters of national security.
While the Trump administration did win on one point regarding the procedures used to inform detainees of their rights, the overall decision limits deportations from several states, including Texas. This ruling may still be subject to further appeals, potentially reaching the U.S. Supreme Court for a final determination.


