US court halts Trump's use of 18th-century law to deport Venezuelans

In a setback for President Donald Trump’s immigration policies, the Fifth US Circuit Court of Appeals ruled 2-1 on September 2 that his use of the 18th-century Alien Enemies Act (AEA) to expedite deportations of alleged Venezuelan gang members is unlawful.

The decision, which halts the application of the wartime law in Texas, Louisiana, and Mississippi, marks the first time an appeals court has closely scrutinized Trump’s invocation of the AEA, setting the stage for a potential Supreme Court review, CNN reports.

The court’s majority opinion, penned by Judge Leslie Southwick and joined by Judge Irma Carrillo Ramirez, rejected the administration’s claim that the Venezuelan gang Tren de Aragua constituted a “predatory incursion.” “We conclude that the findings do not support that an invasion or a predatory incursion has occurred. We therefore conclude that petitioners are likely to prove that the AEA was improperly invoked,” Southwick wrote, emphasizing that the law is intended for times of declared war or foreign invasion, not peacetime immigration enforcement.

Lee Gelernt, an attorney with the American Civil Liberties Union representing Venezuelan detainees in north Texas, hailed the ruling as a landmark victory. “This is a critical decision upholding the rule of law and reigning in the administration’s attempt to militarize immigration,” Gelernt said, noting that the court “correctly held that the administration’s unprecedented use of the Alien Enemies Act was unlawful because it violates Congress’ intent in passing the law.”

While the court invalidated the AEA’s use, it offered a partial concession to the administration, stating that the seven-day notice period for deportations “appears to comply with the Supreme Court’s directive.” However, Judge Ramirez dissented on this point, arguing that “seven days’ notice is not reasonably calculated, under all the circumstances, to afford detainees, especially those who are unrepresented, due process under the AEA.”

By Vafa Guliyeva