Trump's attempt to expel members of a Venezuelan gang under the Alien Enemies Act has been denied by an appeals court.
In a significant ruling, a federal appeals court panel has decided that President Donald Trump cannot use the Alien Enemies Act of 1798 to speed the deportations of people accused of membership in a Venezuelan gang. The decision bars deportations from Texas, Louisiana, and Mississippi.
The 2-1 ruling was delivered 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, dissented.
The majority opinion in the ruling states that Trump's allegations about the Venezuelan gang do not meet the historical levels of national conflict that Congress intended for the act. In a lengthy dissent, Oldham complained that his two colleagues were second-guessing Trump's conduct of foreign affairs and national security.
The case was argued by Lee Gelernt from the ACLU, who stated that the Trump administration's use of a wartime statute during peacetime to regulate immigration was rightly shut down by the court. The specific 5th Circuit judge ruling on this matter is not identified in the provided results.
The ruling can be appealed to the full 5th Circuit or directly to the U.S. Supreme Court, which is expected to make the ultimate decision on the issue. This is not the first time the Supreme Court has been involved in the tangled history of the Trump administration's use of the Alien Enemies Act.
In the initial weeks after the March declaration, the court ruled that the administration could deport people under the act, but unanimously found that those targeted needed to be given a reasonable chance to argue their case before judges in the areas where they were held. The Supreme Court has yet to address whether a gang can be cited as an alien enemy under the Alien Enemies Act.
It's important to note that the Alien Enemies Act was only used three times before in U.S. history, all during declared wars - in the War of 1812 and the two World Wars. In a deal announced in July, more than 250 of the deported migrants returned to Venezuela.
The Department of Homeland Security did not immediately respond to a request for comment. This ruling blocks a signature administration push and is destined for a final showdown at the U.S. Supreme Court. Stay tuned for further updates.
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