President Donald Trump was stopped by a federal appeals court from using an 18th-century law, the Alien Enemies Act, to deport Venezuelan migrants his administration says are members of the criminal gang Tren de Aragua.
Newsweek reached out to the White House for comment by email after office hours.
Why It Matters
Trump used an executive order to invoke the Alien Enemies Act, claiming that foreign criminal gangs—now labeled as terrorist groups by his administration—are invading the U.S.
The court decision prevents deportations from Texas, Louisiana, and Mississippi.
What To Know
A 2-1 ruling by the U.S. Court of Appeals for the Fifth Circuit found there was no “invasion or predatory incursion” by a foreign power, which is required by the 1798 law to justify using it in this case.
The Alien Enemies Act was passed in 1798 as part of the Alien and Sedition Acts under President John Adams. It allows the U.S. president to detain, restrict, or deport foreign nationals from countries at war with the United States.
Unlike other parts of the Alien and Sedition Acts, which were repealed or expired, the Alien Enemies Act is still in effect.
It has only been used three times before, all during declared wars: the War of 1812 and the two World Wars.
On April 19, the Supreme Court told the Trump administration to pause the deportation of several Venezuelan men under the 1798 law.
The Trump administration argued that courts should not question the president’s decision that Tren de Aragua is linked to Venezuela’s government and poses a threat to the United States, which would allow the law to be used. The court rejected this argument.
The majority opinion was written by U.S. Circuit Judges Leslie Southwick, a George W. Bush appointee, and Irma Carrillo Ramirez, a Joe Biden appointee. Andrew Oldham, a Trump appointee, disagreed.
The judges wrote, “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.”
In his dissent, Oldham said his colleagues were second-guessing Trump’s handling of foreign affairs and national security, areas where courts usually give the president broad authority.
What People Are Saying
Lee Gelernt, who represented the American Civil Liberties Union in the case, told the Associated Press: “The Trump administration’s use of a wartime statute during peacetime to regulate immigration was rightly shut down by the court. 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.”
What Happens Next
The case is expected to go back to the Supreme Court, which could decide whether Trump can use the Alien Enemies Act in this way, the New York Times reported.
