Appeals Court Blocks Trump's Use of Alien Enemies Act for Deportations

On September 2, 2025, the Fifth U.S. Circuit Court of Appeals ruled against President Donald Trump's invocation of the Alien Enemies Act of 1798, which he used to expedite the deportation of Venezuelan migrants he accused of being members of the Tren de Aragua gang. The court's 2-1 decision concluded that Trump's claims of a "predatory incursion" by the gang were unfounded, thus blocking the administration's efforts to deport these individuals from Texas, Louisiana, and Mississippi. The ruling is significant as it sets the stage for a potential Supreme Court review of Trump's use of this historical law.

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The Alien Enemies Act allows the president to detain and deport citizens of hostile nations during times of war or in the event of an invasion. Trump's administration argued that the Tren de Aragua gang posed a national security threat and constituted an invasion. However, the court found no evidence supporting this claim, stating that the gang's activities did not meet the criteria for invoking the act. Judge Leslie Southwick, who authored the majority opinion, emphasized that the law was not intended for use against criminal gangs.

Politico

Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), stated that the court's ruling was a critical decision that upheld the rule of law and limited the administration's attempts to militarize immigration. The ACLU represents several Venezuelan detainees challenging their deportation under the Alien Enemies Act. In contrast, Judge Andrew Oldham, a Trump appointee, dissented, arguing that the majority was undermining the president's authority in matters of national security.

CNN

Critics of Trump's use of the Alien Enemies Act have pointed out that the law has only been invoked during declared wars, and its application in this context is unprecedented. Judge Irma Carrillo Ramirez, a Biden appointee, partially dissented, arguing that the seven days' notice provided to detainees before deportation was insufficient for due process, suggesting a minimum of 21 days would be more appropriate.

CNN

While the Fifth Circuit's ruling has been hailed as a victory for immigrant rights, it also highlights ongoing legal disputes regarding the administration's deportation practices. The Supreme Court has intervened multiple times in this case, emphasizing the need for adequate notice and due process for those targeted under the Alien Enemies Act. The court's previous rulings have indicated that the administration's expedited deportation processes may not comply with legal standards.

CNN

The Trump administration has the option to appeal the Fifth Circuit's ruling to the full court or directly to the Supreme Court. As the legal battles continue, the implications of this ruling could shape future immigration policy and the use of wartime laws in peacetime contexts.

Associated Press

“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,” — Judge Leslie Southwick

Associated Press

“Lee Gelernt, who argued the case for the ACLU, said Tuesday: “The Trump administration’s use of a wartime statute during peacetime to regulate immigration was rightly shut down by the court.” — Lee Gelernt, ACLU Attorney

Associated Press

“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 ('AEA').” — Judge Andrew Oldham

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