Washington, D.C. — A federal appeals court has ruled that former President Donald Trump acted unlawfully in using the Alien Enemies Act of 1798 to deport Venezuelan migrants accused of gang affiliations.
In a 2–1 decision, the U.S. Court of Appeals for the 5th Circuit said Trump failed to prove that Venezuelan gang members represented an “invasion” or “predatory incursion,” conditions required to trigger the centuries-old wartime statute. The ruling halts deportations under the Act in Texas, Louisiana, and Mississippi.
The case stems from Trump’s March 2025 order that led to the rapid deportation of dozens of Venezuelan migrants, some of whom were sent to detention in El Salvador. Civil rights groups challenged the move, arguing that it bypassed due process and stretched the intent of the law far beyond its historical use in major wars such as World War II.
Judge Leslie Southwick, writing for the majority, emphasized that the Act cannot be applied to ordinary immigration enforcement. Judge Irma Carrillo Ramirez joined the opinion, while Judge Andrew Oldham dissented, warning that the ruling undermines presidential authority in national security matters.
The decision marks a significant setback for Trump, who has vowed to expand deportations if reelected. His legal team is expected to appeal, with the case likely headed to the U.S. Supreme Court.
For immigrant advocates, the ruling is a victory against what they see as executive overreach. For Trump and his supporters, it sets up another high-stakes legal battle that could shape the limits of presidential power on immigration.
