A federal appeals court has blocked the Trump administration’s attempt to rapidly deport Venezuelan migrants, ruling that the use of the 18th-century Alien Enemies Act was unlawful in this context. The ruling came from the U.S. Court of Appeals for the Fifth Circuit in a 2-1 decision issued Tuesday night.
The Alien Enemies Act of 1798 allows the president to remove foreign nationals of an enemy country during times of war or if an “invasion or predatory incursion” is occurring. In March, former President Donald Trump invoked the Act in a proclamation to expedite deportations of Venezuelan nationals suspected of gang membership—specifically targeting members of the notorious Tren de Aragua gang—citing concerns over “mass illegal migration.”
However, the appeals court rejected this argument, finding no legal basis for considering the Venezuelan migrants as part of an invasion or predatory incursion. The majority ruling stated that although there is ongoing illegal migration, “there is no finding that this mass immigration was an armed, organized force or forces,” and a country encouraging its citizens to enter illegally is not the equivalent of sending an armed invasion force to disrupt or harm the United States.
Judge Leslie Southwick, appointed by President George W. Bush, authored the majority opinion granting a preliminary injunction to prevent removals under the proclamation. Judge Irma Carrillo Ramirez, appointed by President Biden, concurred with the decision, while Judge Andrew Oldham, a Trump appointee, dissented.
The case marks the first time a federal appeals court has directly ruled on the use of the Alien Enemies Act in this manner, making it a significant legal setback for the Trump administration’s efforts to use the law to fast-track deportations. The ruling is likely to be appealed up to the Supreme Court.
The American Civil Liberties Union (ACLU), which brought the lawsuit challenging the Trump administration’s deportation approach, hailed the decision. Anand Balakrishnan, a senior staff attorney with the ACLU, said, “The Trump administration’s expansion of fast-track deportations has subjected thousands of people to an unfair, arbitrary, and error-prone system.”
Earlier in the year, hundreds of Venezuelan migrants suspected of being gang members were deported under the Alien Enemies Act, with some sent to a maximum-security prison in El Salvador as part of a prisoner swap. However, reports including a “60 Minutes” investigation found that many of those deported did not have criminal records, raising concerns about due process and the validity of deportations.
This ruling underscores judicial skepticism of using centuries-old wartime provisions to address modern migration issues and highlights the ongoing legal battles over immigration policies implemented during the Trump administration.