A U.S. federal appeals court has blocked President Donald Trump’s use of the 1798 Alien Enemies Act (AEA) to deport alleged Venezuelan gang members, halting its application in Texas, Louisiana, and Mississippi.
In a 2–1 ruling on Wednesday, the Fifth Circuit Court of Appeals found that Trump’s reliance on the wartime statute was not justified. “We conclude that the findings do not support that an invasion or a predatory incursion has occurred,” wrote Judge Leslie Southwick, with Judge Irma Carrillo Ramirez concurring. The panel granted a preliminary injunction preventing removals under the measure.
Trump invoked the AEA on March 15, using it to deport suspected members of Venezuela’s Tren de Aragua gang. Two planeloads of detainees were sent to El Salvador’s CECOT maximum-security prison. The law, last enforced during World War II against Japanese-Americans, allows the detention and deportation of nationals from hostile states during war or “predatory incursion.”
In a dissenting opinion, Judge Andrew Oldham argued that courts had overstepped: “From the dawn of our nation until President Trump took office a second time, courts have never second-guessed the President’s invocation of that Act.”
The ruling marks another setback for Trump’s immigration agenda, which has faced repeated legal challenges. His administration has declared gangs such as Tren de Aragua and MS-13 as terrorist organizations, deployed troops to the southern border, and imposed tariffs on Mexico and Canada over migration disputes.
Just last week, another appeals court temporarily blocked the administration from ending Temporary Protected Status (TPS) for about 600,000 Venezuelans. Pew Research Center data shows Venezuelans represent the largest share of the 1.2 million people eligible for or receiving TPS in the United States as of March 2024.