A federal appeals court has ruled that President Donald Trump cannot use the Alien Enemies Act of 1798 to deport migrants accused of belonging to the Venezuelan gang Tren de Aragua.

Court Decision

The 5th U.S. Circuit Court of Appeals, one of the nation’s most conservative courts, issued a 2-1 decision rejecting Trump’s attempt to apply the wartime law during peacetime. Judges agreed with immigrant rights groups who argued the law was never meant for use against criminal organizations.

ACLU Response

“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,” said Lee Gelernt, an ACLU attorney who argued the case.

Deportations and Controversy

The Trump administration had deported alleged Tren de Aragua members to a prison in El Salvador, claiming U.S. courts had no jurisdiction there. More than 250 deported migrants have since returned to Venezuela under a July agreement.

Historical Context

The Alien Enemies Act has only been used three times in U.S. history — during the War of 1812 and both World Wars. Trump’s legal team argued that Tren de Aragua posed a national security threat tied to Venezuela’s government, but the court disagreed.

What’s Next

The ruling may be appealed to the full 5th Circuit or taken directly to the U.S. Supreme Court, which is expected to have the final say.

For more on the legal implications of Trump’s mass deportation efforts, stay tuned to Que Onda Magazine.