A US federal appeals court has ruled against former President Donald Trump’s use of the 1798 Alien Enemies Act (AEA) to deport alleged Venezuelan gang members, blocking its enforcement 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 statute was unjustified. “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 court granted a preliminary injunction halting deportations under the AEA.
Trump invoked the AEA on March 15 to deport alleged members of the Venezuelan Tren de Aragua gang, sending two planeloads of detainees to El Salvador’s maximum-security CECOT prison. The law, last used during World War II against Japanese-Americans, permits the detention and deportation of nationals from hostile countries during times of war or “predatory incursion.”
In dissent, Judge Andrew Oldham argued courts should not interfere with the president’s invocation of the law. “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.
This ruling adds to ongoing legal challenges against Trump-era immigration policies, which have faced considerable judicial resistance. The administration designated gangs like Tren de Aragua and MS-13 as terrorist groups, deployed troops to the US-Mexico border, and imposed tariffs on Mexico and Canada related to migration enforcement.
Last week, another appeals court temporarily blocked the administration from ending Temporary Protected Status (TPS) for roughly 600,000 Venezuelans. According to Pew Research Center, Venezuelans represent the largest group among the 1.2 million individuals eligible for or receiving TPS in the US as of March 2024.
