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

A federal appeals court panel ruled Tuesday that President Donald Trump cannot use an 18th century wartime law to speed the deportations of people his administration accuses of membership in a Venezuelan gang, blocking a signature administration push that is destined for a final showdown at the US Supreme Court.

A three-judge panel of the 5th US Circuit Court of Appeals, one of the most conservative federal appeals courts in the country, agreed in a 2-1 decision with immigrant rights lawyers and lower court judges who argued the Alien Enemies Act of 1798 was not intended to be used against gangs like Tren de Aragua, the Venezuelan group Trump targeted in his March invocation.

Lee Gelernt, who argued the case for the ACLU, said Tuesday: “The Trump administration's use of a wartime statute during peacetime to regulate immigration was rightly shut down by the court. This is a critically important decision reining in the administration's view that it can simply declare an emergency without any oversight by the courts.”

The administration deported people designated as Tren de Aragua members to a notorious prison in El Salvador where, it argued, US courts could not order them freed.

In a deal announced in July, more than 250 of the deported migrants returned to Venezuela.

The Alien Enemies Act has only been used three times before in US history, all during declared wars — in the War of 1812 and the two World Wars. The Trump administration unsuccessfully argued that courts cannot second-guess the president's determination that Tren de Aragua was connected to Venezuela's government and represented a danger to the United States, meriting use of the act.

The ruling can be appealed to the full 5th Circuit or directly to the US Supreme Court, which is likely to make the ultimate decision on the issue.