Appeals court blocks Trump from deporting members of Tren de Aragua gang
Opinion by Landon Mion • 4h
A federal appeals court ruled on Tuesday that the Trump administration cannot speed the deportations of migrants accused of being members of the Venezuelan gang Tren de Aragua using an 18th-century wartime law.
In a 2-1 ruling, the Fifth U.S. Circuit Court of Appeals sided with immigrant rights lawyers and lower court judges who argued the Alien Enemies Act of 1798 was not created to be used against gangs like Tren de Aragua.
"The Trump administration’s use of a wartime statute during peacetime to regulate immigration was rightly shut down by the court," Lee Gelernt, who argued the case for the American Civil Liberties Union, said. "This is a critically important decision reining in the administration’s view that it can simply declare an emergency without any oversight by the courts."
The Alien Enemies Act was previously used only three times in U.S. history, and all came during declared wars in the War of 1812 and the two World Wars.
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