A U.S. federal appeals court has ruled that President Trump unlawfully invoked the Alien Enemies Act of 1798 to deport Venezuelans alleged to be linked to the Tren de Aragua gang. The decision delivered by the 5th U.S. Circuit Court of Appeals, based in New Orleans, marks the first time an appellate court has directly addressed Trump’s March proclamation for such deportations.
The court, in a 2–1 decision, concluded that the centuries-old law—meant to authorize wartime actions against citizens of hostile nations—was improperly used to target individuals tied to a gang, rather than a foreign government, a context it was never intended for.AP News Chief among the court’s concerns was the lack of due process afforded to the deportees, many of whom were given only 24 hours’ notice and no legal recourse to contest their status.
The ruling builds on earlier judicial objections. In May, a district judge issued a permanent injunction in South Texas, calling Trump’s application of the Act both improper and unlawful. That order was later upheld by the appellate court and followed by a temporary restraining order and Supreme Court intervention emphasizing the need for judicial oversight in such cases.
