A US federal appeals court has determined that President Donald Trump’s application of the 1798 Alien Enemies Act (AEA) to deport alleged Venezuelan gang members is invalid, prohibiting its enforcement in Texas, Louisiana, and Mississippi.
The Fifth Circuit Court of Appeals delivered a 2-1 ruling, concluding that Trump’s use of the historic wartime statute was unwarranted. “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 agreeing. The panel issued a preliminary injunction to stop deportations under the law.
On March 15, Trump utilized the AEA to deport alleged members of the Venezuelan Tren de Aragua gang, transporting two planeloads of detainees to El Salvador’s CECOT maximum-security prison. The law, previously used during World War II against Japanese-Americans, permits the detention and deportation of citizens from hostile nations during wartime or instances of “predatory incursion.”
In his dissenting opinion, Judge Andrew Oldham contended that courts should not challenge the president’s judgment. “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.
The decision contributes to a growing list of legal setbacks for Trump’s immigration policies, many of which have encountered judicial opposition. His administration has labeled gangs like Tren de Aragua and MS-13 as terrorist organizations, deployed troops to the Mexican border, and introduced tariffs on Mexico and Canada concerning migration matters.
Last week, a different appeals court issued a temporary block on the administration’s attempt to terminate Temporary Protected Status (TPS) for approximately 600,000 Venezuelans. According to the Pew Research Center, Venezuelans constitute the largest portion of the 1.2 million individuals eligible for or receiving TPS in the United States as of March 2024.
A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.
Nnamdi Okoli
