A federal appeals court has ruled that President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan migrants is unlawful, as it does not meet the legal criteria of an invasion or predatory incursion.
The Fifth U.S. Circuit Court of Appeals, in a 2-1 decision on Tuesday, blocked Trump from using the Alien Enemies Act of 1798 for deportations in Texas, Louisiana, and Mississippi. This ruling represents a significant legal setback for the administration’s efforts to expedite removals of alleged members of the Tren de Aragua gang, a Venezuelan criminal organization.
The Alien Enemies Act is an obscure wartime law that permits the president to deport citizens of an enemy nation during an invasion or predatory incursion. Trump invoked it earlier this year to rapidly deport hundreds of migrants, claiming their activities constituted such a threat, but the court found no evidence to support this assertion.
In the majority opinion, Judge Leslie Southwick stated that mass illegal migration encouraged by another country does not equate to an armed, organized force invading the U.S., which is required under the law. The court concluded that petitioners are likely to prove the act was improperly invoked, as there was no finding of an actual invasion or predatory incursion.
The ruling also addressed due process concerns, with the court noting that the government’s provision of seven days’ notice for deportations likely complies with Supreme Court directives. However, Judge Irma Carrillo Ramirez partially dissented, arguing that seven days is insufficient for unrepresented detainees and that at least twenty-one days is needed.
This case has been contentious, with previous legal challenges and a temporary block by the Supreme Court in April. The high court had emphasized the need for adequate notice and an opportunity for migrants to challenge their removal, sending the case back to the Fifth Circuit for further review.
The decision could pave the way for a broader Supreme Court review of Trump’s use of the Alien Enemies Act, potentially setting a precedent for executive power in immigration matters. It impacts hundreds of migrants who have been or could be deported under this authority, many of whom lack criminal records according to investigations.
Moving forward, the administration may need to rely on other legal mechanisms for deportations or appeal this decision, highlighting ongoing tensions between executive actions and judicial oversight in U.S. immigration policy.
