Former U.S. President Donald Trump has suffered a major setback after a federal appeals court blocked his use of the 1798 Alien Enemies Act (AEA) to deport alleged Venezuelan gang members. The ruling applies to Texas, Louisiana, and Mississippi, halting removals under the centuries-old law.
In a 2-1 decision, the Fifth Circuit Court of Appeals said Trump’s justification for invoking the AEA was not valid. Judge Leslie Southwick, backed by Judge Irma Carrillo Ramirez, wrote that there was no evidence of an “invasion or predatory incursion.” The court’s order prevents further deportations carried out under the measure.
Trump had relied on the Act back in March, deporting detainees linked to the Venezuelan Tren de Aragua gang to El Salvador’s notorious CECOT maximum-security prison. The law, last used during World War II against Japanese-Americans, allows deportation of foreign nationals during wartime or under threats of hostile incursions.
But not everyone on the panel agreed. Judge Andrew Oldham dissented, arguing courts had never second-guessed a president’s use of the AEA until now. Still, the ruling adds to a growing list of legal battles over Trump’s hardline immigration policies, which have included labeling gangs like MS-13 and Tren de Aragua as terrorist groups, deploying troops to the border, and clashing with neighbors Mexico and Canada over migration.
Just last week, another appeals court also stopped his administration from ending Temporary Protected Status (TPS) for over 600,000 Venezuelans — a group that currently makes up the largest share of TPS beneficiaries in the United States.
