Federal Appeals Court Blocks Trump's Use of Alien Enemies Act to Deport Venezuelan Migrants

September 2, 2025 - WASHINGTON, D.C. - In a landmark decision with sweeping implications for presidential authority and immigration enforcement, a federal appellate panel on Tuesday ruled that President Donald Trump unlawfully invoked the Alien Enemies Act of 1798 to deport Venezuelan migrants. The Fifth Circuit Court of Appeals found that the administration failed to demonstrate an "invasion" or "predatory incursion"-the legal threshold required to activate the centuries-old wartime statute.

The Legal Fault Line

The 2–1 ruling blocks the use of the Alien Enemies Act to remove alleged members of the Venezuelan gang Tren de Aragua from Texas, Louisiana, and Mississippi. Writing for the majority, Judge Leslie Southwick stated:

"TdA was not the kind of organized force or engaged in the kind of actions necessary to constitute an invasion or predatory incursion."

Judge Irma Carrillo Ramirez concurred, emphasizing that mass migration-even if encouraged by a foreign government-does not meet the statute's wartime definitions.

"A country's 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."

The Alien Enemies Act, passed in 1798, has historically been used during declared wars, such as the War of 1812 and the World Wars. Trump's invocation marked the first time it was used in peacetime to target alleged gang members.

Trump's Justification and Response

President Trump had defended the policy as a necessary national security measure. In his March proclamation, he asserted:

"The Tren de Aragua gang is a state-sponsored international terrorist organization that has invaded United States territory."

He further claimed that Venezuelan President Nicolás Maduro was orchestrating a "narco-terrorism enterprise" aimed at destabilizing the U.S. However, a declassified intelligence memo contradicted this, finding no evidence of coordination between Maduro and the gang.

Following the court's decision, Trump criticized the judiciary:

"For 227 years, every President of every political party has enjoyed the same broad powers to repel threats to our Nation under the Alien Enemies Act. For President Trump, however, the rules are different."

Judge Andrew Oldham, a Trump appointee, dissented from the ruling, arguing that courts have historically deferred to presidential determinations under the Act.

Due Process and Deportation Fallout

The administration had deported hundreds of migrants earlier this year, some to Venezuela and others to El Salvador's CECOT supermax prison. A CBS investigation revealed that many of those deported had no criminal records, raising concerns about the criteria used.

The Supreme Court previously intervened, temporarily blocking deportations and faulting the administration for giving migrants only 24 hours' notice. The revised policy now offers seven days, which the Fifth Circuit deemed "likely sufficient," though Judge Ramirez expressed skepticism.

What Comes Next

The ruling is expected to be appealed to the U.S. Supreme Court, which has already weighed in on procedural aspects of the case but has yet to rule on the core constitutional question: Can a president invoke wartime powers to address non-military immigration concerns?

Civil rights groups hailed the decision. Lee Gelernt of the ACLU, who argued the case, said:

"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."

As the legal battle continues, the case stands as a defining test of executive power, immigration law, and the enduring relevance of statutes written in the age of muskets and monarchy.