In a major setback for President Donald Trump’s immigration agenda, a federal appeals court ruled on September 3, 2025, that the Trump administration cannot use the 18th-century Alien Enemies Act to expedite deportations of individuals accused of being members of the Venezuelan gang Tren de Aragua. The 2-1 decision by a three-judge panel of the 5th U.S. Circuit Court of Appeals, one of the nation’s most conservative appellate courts, marks a significant challenge to a key policy of Trump’s second term, setting the stage for a likely showdown at the U.S. Supreme Court.
The ruling, issued in New Orleans, aligns with arguments from immigrant rights lawyers and lower court judges who contended that the Alien Enemies Act of 1798, historically used during wartime to detain or deport citizens of hostile nations, was misapplied by the administration. Trump invoked the act in March 2025 to target alleged Tren de Aragua members, claiming the gang’s activities constituted an “invasion” of the U.S. The administration deported over 130 individuals to El Salvador’s notorious Terrorism Confinement Center (CECOT), arguing that U.S. courts lacked jurisdiction to intervene once detainees were abroad.
The American Civil Liberties Union (ACLU), representing the affected migrants, argued that the act’s scope does not extend to criminal organizations like Tren de Aragua, which lacks the state-backed military characteristics required by the law’s definition of “invasion” or “predatory incursion.” The court agreed, with the majority opinion emphasizing that the executive branch overstepped its authority by using a wartime statute during peacetime to bypass due process. The dissenting judge argued that the administration should have broader discretion in matters of national security.
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The decision follows a series of legal challenges to Trump’s aggressive immigration policies. In March, U.S. District Judge James Boasberg temporarily blocked similar deportations, citing a lack of due process, though some deportations proceeded before his order took effect. A separate ruling by U.S. District Judge Fernando Rodriguez Jr. in Texas permanently barred the use of the act in the Southern District of Texas, reinforcing the appeals court’s stance. The ACLU has filed multiple lawsuits across states, highlighting cases where deportees, some with no proven gang ties, were sent to El Salvador’s CECOT prison, known for harsh conditions.
The 5th Circuit’s ruling does not mandate the return of those already deported but prohibits further deportations under the Alien Enemies Act in the affected jurisdictions. The Trump administration, which has vowed to appeal, maintains that Tren de Aragua’s activities, including alleged drug trafficking and violence, justify the use of extraordinary measures. The case is expected to reach the Supreme Court, where previous rulings have allowed deportations under the act but emphasized the need for adequate notice and habeas corpus opportunities for detainees.
Immigrant rights advocates celebrated the ruling as a victory for due process, while critics of the administration’s policies warned of the broader implications of targeting migrant groups without sufficient evidence. As the legal battle continues, the fate of hundreds of detained Venezuelans remains uncertain, with the Supreme Court poised to deliver a definitive ruling on the scope of presidential authority in immigration enforcement.
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