SEPTEMBER 3 2025

Trump cannot use Alien Enemies Act to deport members of Venezuelan gang, appeals court rules

A federal appeals court ruled that President Donald Trump cannot use the 18th-century Alien Enemies Act to expedite the deportation of individuals accused of being members of the Venezuelan gang Tren de Aragua. The three-judge panel of the 5th U.S. Circuit Court of Appeals agreed with immigrant rights lawyers and lower court judges that the act was not intended for such use. The Trump administration had argued that the gang posed a danger to the United States, but the court found that the allegations did not meet historical levels of national conflict. The decision bars deportations from Texas, Louisiana, and Mississippi. The majority opinion, authored by Judges Leslie Southwick and Irma Carrillo Ramirez, emphasized that the act was not designed for modern immigration issues. Judge Andrew Oldham, a Trump appointee, dissented, arguing that the court was overstepping into areas of foreign affairs and national security. The ruling can be appealed to the full 5th Circuit or directly to the U.S. Supreme Court, which has already been involved in previous cases related to the administration's use of the Alien Enemies Act.

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