Court blocks Trump’s attempt to invoke wartime law for mass deportations

A federal appeals court has stopped former US President Donald Trump from using a centuries-old wartime law to deport Venezuelan migrants. The ruling says Trump cannot use the Alien Enemies Act of 1798, which was created over 200 years ago, to expel people he claims are linked to gangs. The decision is the latest legal blow to Trump’s immigration policies and could soon return to the Supreme Court for review.

The 5th US Circuit Court of Appeals ruled in a 2-1 decision that Trump’s attempt to use the law was not valid. The judges explained that the presence of Venezuelan migrants in the US cannot be seen as an “invasion” or “predatory incursion” by another country. This interpretation makes it clear that Trump’s claim — that Venezuela’s president sent migrants to destabilize the US — is not strong enough under the law.

Appeals court rejects Trump’s claim

In March, Trump issued a presidential order using the Alien Enemies Act. He argued that members of the Venezuelan gang Tren de Aragua were deliberately sent to the US by President Nicolás Maduro to weaken democratic nations, including America. Trump described it as an organized attempt by a foreign state to harm the country.

However, the New Orleans-based appeals court said the law cannot be applied in this case. The judges explained that illegal immigration, even if encouraged by a foreign government, is not the same as an armed or organized invasion. “There is no finding that this mass immigration was an armed, organized force,” the court stated.

This ruling is important because the Alien Enemies Act allows the US president to bypass normal immigration rules only during declared wars or actual invasions. Since the judges found no invasion had taken place, they concluded Trump could not use the law.

The decision also marks another setback in Trump’s wide-ranging immigration crackdown. On the same day, a different judge ruled that Trump illegally deployed federal troops to enforce immigration laws in California during protests.

The White House did not immediately comment on the ruling.

Case heads toward the Supreme Court

The legal fight over this law is far from over. The case has already moved quickly through the courts and is likely to be reviewed again by the US Supreme Court. Earlier this year, the Supreme Court had said that Venezuelans facing deportation under the act must be given reasonable notice so they can challenge their removal. But the bigger question — whether Trump can use the law at all — has not been decided by the highest court.

The ruling by the 5th Circuit applies to states such as Texas and Louisiana, where many immigrants are detained. While the court blocked Trump from using the wartime law, it said the administration can still deport gang members and suspected terrorists under regular immigration laws, which require more legal safeguards.

The American Civil Liberties Union (ACLU), which filed the lawsuit on behalf of two Venezuelan men, welcomed the decision. It argued that Trump was misusing a law that was never meant for modern-day immigration issues.

The appeals court acknowledged that Venezuela may be using drug trafficking as a weapon to harm the US, but still concluded this does not count as an “invasion” under the 1798 law. “Drugs weaken our citizens and our country, but that is not an invasion now, nor was it one in 1798,” the ruling said.

Not all the judges agreed. Judge Andrew Oldham dissented, writing that the majority failed to respect the president’s judgment about national security. He warned that the decision undermines more than 200 years of legal precedent.

Meanwhile, Trump continues to defend his use of the Alien Enemies Act despite several court defeats. He argues that Venezuela’s actions justify his emergency powers. He has also highlighted cases where US forces intercepted drugs and migrants linked to Venezuela, including an operation in which 11 “terrorists” were killed at sea.

In July, Trump also arranged a prisoner swap with Venezuela, where about 250 deported Venezuelans, including alleged gang members, were exchanged for 10 detained Americans.

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A law from another era

The Alien Enemies Act of 1798 was created more than two centuries ago during a time of war between the US and France. It allows the president to remove foreign nationals from enemy countries if the US is at war or under attack.

Legal experts argue that using this old law for today’s migration crisis stretches its original purpose. The law was never intended for cases involving people fleeing poverty, violence, or unstable governments. Instead, it was designed for clear situations of war, where enemy nations were sending armed forces against the US.

By rejecting Trump’s argument, the appeals court has drawn a line between national security threats and immigration enforcement. The judges stressed that while drug trafficking and gang activity are serious problems, they cannot be equated with an organized invasion.

The fight over the Alien Enemies Act is likely to continue in the Supreme Court, where Trump has already faced mixed results. For now, the ruling is a victory for immigrants’ rights groups and sets a limit on how far a president can go in using wartime powers to manage immigration.