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Appeals court rules Trump cannot use Alien Enemies Act to deport members of Venezuelan gang

  • On Tuesday, a group of three judges from the Fifth Circuit Court of Appeals decided that President Trump is not permitted to invoke the 1798 Alien Enemies Act to accelerate the deportation of suspected members of the Venezuelan gang Tren de Aragua.
  • This ruling followed the Trump administration's invocation of the wartime statute in March to target Tren de Aragua members, claiming gang ties justified emergency deportations despite peacetime conditions.
  • The administration sent individuals identified as members of the Tren de Aragua group to a well-known prison in El Salvador and maintained that U.S. courts lacked authority to intervene in their release, a position the court criticized for circumventing due process.
  • Lee Gelernt of the ACLU, who represented the case, stated that the court appropriately blocked the Trump administration’s attempt to apply a wartime law in a period without war to control immigration, underscoring the significance of the ruling.
  • The ruling reined in the administration's view that it could declare emergencies without court oversight and is likely to face appeals at the full 5th Circuit or the U.S. Supreme Court for a final decision.
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Lean Right

The SAA, adopted in 1798, authorizes the expulsion of "natives, citizens or subjects of a hostile nation" only if there is a state of war "declared" against another country or if a foreign power participates in a "predatory invasion or incursion" Read

·Madrid, Spain
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Right

A federal appeals court ruled on Tuesday that President Donald Trump illegally invoked the Foreign Enemies Act to deport Venezuelans, who he accuses of being part of the terrorist group Aragua Train (TDA). In a 2-1 decision, the Fifth U.S. Court of Appeals determined that Trump cannot continue using this law to carry out deportations in the states of Mississippi, Louisiana and Texas.]]>

Center

A US Federal Court of Appeal ruled against the use by President Donald Trump of a law on "foreign enemies" to expel alleged members of a Venezuelan gang.

·France
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King5 News broke the news in Seattle, United States on Tuesday, September 2, 2025.
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