Former U.S. President Donald Trump has suffered a major legal defeat after a federal appeals court stopped his administration from using an 18th-century wartime law to deport Venezuelan migrants accused of belonging to the Tren de Aragua gang.
The ruling, issued by the U.S. Court of Appeals for the Fifth Circuit in a 2-1 decision, bars the Trump administration from carrying out deportations under the Alien Enemies Act in Texas, Louisiana, and Mississippi. The law, first passed in 1798, was originally designed for wartime situations and allows the U.S. president to detain, restrict, or deport foreign nationals from countries at war with the United States.
Why the Court Blocked Trump’s Move
The Trump administration argued that the presence of Tren de Aragua, which it designated a terrorist group, amounted to an “invasion” under the statute. But the majority of judges rejected that interpretation.
“A country encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States,” Judges Leslie Southwick and Irma Carrillo Ramirez wrote in their opinion.
Judge Andrew Oldham, a Trump appointee, dissented, accusing his colleagues of interfering in matters of national security and foreign affairs where courts usually give presidents broad authority.
Historical Context of the Alien Enemies Act
The Alien Enemies Act is the only surviving part of the Alien and Sedition Acts of 1798. Unlike the other provisions, which expired or were repealed, this law remains in force. However, it has only been invoked three times in U.S. history: during the War of 1812, World War I, and World War II.
Never before has it been used in peacetime to target migrants. In April, the Supreme Court had already ordered the Trump administration to pause deportations of Venezuelan men detained under this law while challenges moved through the courts.
What Advocates Are Saying
Immigrant rights groups welcomed the ruling. Lee Gelernt, an attorney for the American Civil Liberties Union who argued the case, said:
“The Trump administration’s use of a wartime statute during peacetime to regulate immigration was rightly shut down by the court. This decision is critically important because it reins in the administration’s claim that it can simply declare an emergency without oversight.”
What Happens Next
The Trump administration is expected to appeal, setting the stage for another high-profile legal battle at the Supreme Court. According to the New York Times, the case could become a defining moment for Trump’s broader effort to expand presidential power in immigration and national security.
If the Supreme Court takes up the case, it will have to decide whether a president can stretch the definition of “invasion” to cover criminal gangs and migration flows, or whether the Alien Enemies Act remains restricted to traditional wartime threats.
For now, Venezuelan migrants targeted under Trump’s order cannot be deported under the 1798 law. The decision represents one of the sharpest legal rebukes yet to Trump’s aggressive immigration agenda.