In a landmark ruling, the United States Court of Appeals for the Fifth Circuit has struck down former President Donald Trump’s attempt to use the Alien Enemies Act of 1798 to deport Venezuelan migrants. The decision marks the strongest legal setback so far to Trump’s immigration crackdown and mass deportation policies.
Court Rejects Trump’s Wartime Law Argument
A three-judge panel ruled that Trump’s administration had illegally invoked the Alien Enemies Act, a centuries-old wartime law that grants the government power to detain or deport nationals of hostile nations. Writing for the majority, Judge Leslie Southwick firmly rejected the argument that the Venezuelan gang Tren de Aragua constituted an ‘invasion’ of the United States.
Historically, the Alien Enemies Act has only been used three times in American history—and only during declared wars. Trump’s attempt to apply it during peacetime was both unprecedented and unlawful.
Deportations Without Due Process
On March 15, Trump signed an executive order declaring Tren de Aragua a threat, accusing it of attempting a predatory incursion into the country. That same day, his administration deported two planeloads of Venezuelan migrants to El Salvador’s Terrorism Confinement Centre (CECOT)—a maximum-security prison infamous for human rights violations.
Officials claimed the migrants were gang members, but defense lawyers argued that many had no criminal records. The ruling emphasized that using the Alien Enemies Act to bypass normal due process violated constitutional protections.
Maduro Link Disputed
To justify its actions, the Trump administration repeatedly alleged that Venezuelan President Nicolas Maduro controlled Tren de Aragua as part of a ‘narco-terrorism enterprise’ aimed at destabilizing the US. However, a declassified US intelligence memo contradicted these claims, stating there was no evidence connecting Maduro to the gang’s operations.
Wider Implications of the Ruling
The Fifth Circuit Court, which oversees Texas, Louisiana, and Mississippi, is the most conservative appeals court in the country. Its rebuke of Trump’s deportation strategy is particularly striking given its reputation. While the ruling is limited to its jurisdiction, it sets a strong legal precedent that could be cited in other circuits as similar cases emerge.
Legal experts believe the case is likely to reach the US Supreme Court, where it could determine the future scope of presidential authority under the Alien Enemies Act. For now, the judgment serves as a major blow to Trump’s mass deportation campaign and a critical win for migrant rights advocates, who argue that equating asylum seekers with an invading force sets a dangerous precedent for US immigration policy.
Helene Elliott is the senior reporter for News Raise. She covers Science news. She also has a keen interest in photojournalism. Helene holds a nomination for the prestigious Red Smith Award. She is married to author Dennis D’Agostino, a former publicist with the New York Mets.
