Trump cannot use Alien Enemies Act to deport Venezuelan gang members, appeals court rules
3 minute readPublished: Wednesday, September 3, 2025 at 5:10 am
Appeals Court Blocks Trump's Use of Wartime Law for Deportations
WASHINGTON - A federal appeals court has blocked a key initiative by the Trump administration, ruling that the President cannot utilize an 18th-century wartime law to expedite the deportation of individuals accused of belonging to a Venezuelan gang. The decision, handed down by a three-judge panel of the 5th U.S. Circuit Court of Appeals, is likely to be challenged further, potentially reaching the Supreme Court.
The case centers on the Alien Enemies Act of 1798, a law originally intended for use during declared wars. The Trump administration sought to invoke this act to deport members of the Tren de Aragua gang, a Venezuelan group. The administration argued that the gang posed a danger to the United States and that courts should not second-guess the president's determination.
However, the appeals court sided with immigrant rights lawyers and lower court judges, who argued that the Alien Enemies Act was not intended for use against gangs during peacetime. The court's majority opinion, written by judges appointed by George W. Bush and Joe Biden, found that the allegations against Tren de Aragua did not meet the historical standards of national conflict required for the act's application. The judges stated that the situation did not constitute an "invasion or predatory incursion."
The ruling represents a significant setback for the administration's efforts to swiftly deport alleged gang members. The administration had previously deported individuals designated as Tren de Aragua members to a prison in El Salvador. Following the ruling, over 250 of the deported migrants returned to Venezuela.
The court did grant the administration a minor legal victory, finding that the procedures used to advise detainees of their legal rights under the Alien Enemies Act were appropriate. The decision can be appealed to the full 5th Circuit or directly to the Supreme Court.
BNN's Perspective: This ruling highlights the ongoing debate over executive power and immigration policy. While the administration's concerns about gang violence are valid, the court's decision underscores the importance of adhering to established legal precedents and the limitations on presidential authority, particularly when invoking wartime powers during peacetime. The Supreme Court will likely have the final say, and the outcome will have significant implications for future immigration enforcement strategies.
Keywords: Trump, Alien Enemies Act, Deportation, Venezuelan gang, Tren de Aragua, Appeals Court, Immigration, Wartime law, Supreme Court, Legal rights, Executive power.