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US appeals court blocks Trump move to use Alien Enemies Act to deport Venezuelans

FP News Desk September 3, 2025, 17:45:43 IST

In a 2-1 decision, a three-judge panel from the US Court of Appeals for the Fifth Circuit ruled that the Alien Enemies Act did not apply in this case

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US President Donald Trump. AP
US President Donald Trump. AP

A federal appeals court on Tuesday night blocked President Donald Trump from using an 18th-century wartime law to swiftly deport a group of Venezuelan migrants, rejecting the administration’s claim that the migrants constituted an “invasion” of the United States.

According to The New York Times report_,_ in a 2-1 decision, a three-judge panel from the US Court of Appeals for the Fifth Circuit ruled that the Alien Enemies Act did not apply in this case.

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The Trump administration had argued that the migrants were members of Tren de Aragua, a violent Venezuelan gang, but the court found no evidence of an “invasion or predatory incursion” by a foreign power.

The case has drawn national attention as a legal test of the government’s attempt to use the rarely invoked Alien Enemies Act — a powerful statute from the 1790s — to justify mass deportations.

The American Civil Liberties Union and other civil rights groups closely monitored the ruling as a potential precedent for future immigration policy.

“This is an enormous victory for the rule of law,” The New York Times quoted Lee Gelernt, a lawyer who argued the case for the A.C.L.U., “making clear that the President cannot simply declare a military emergency and then invoke whatever powers he wants.”

In April, the Supreme Court temporarily halted the Trump administration’s efforts to deport a group of Venezuelan migrants, allowing legal challenges to the former president’s use of wartime authority to continue in the lower courts — including the case decided Tuesday by the Fifth Circuit.

In their ruling, the Fifth Circuit judges clarified that their injunction applies solely to the use of the Alien Enemies Act.

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They emphasised that the decision does not prevent the government from pursuing other lawful avenues to remove foreign terrorists from the United States.

With inputs from agencies

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