Court Blocks Trump’s Deportations Under the Alien Enemies Act (AEA)

• AEA: Court Blocks Deportations Under the Alien Enemies Act
• Migration Is Not a Military Invasion
• ACLU Welcomes Court Ruling

A U.S. federal appeals court has blocked President Donald Trump’s strategy of using the Alien Enemies Act (AEA), in force since 1798, to speed up the deportation of Venezuelan migrants accused of being part of the Tren de Aragua (TdA).

The decision, issued by the Fifth Circuit Court of Appeals in New Orleans with a 2–1 vote, represents a major setback for the current administration’s immigration policy and opens the door for the case to reach the Supreme Court.

The presidential proclamation, issued in March, sought to justify expulsions by arguing that the TdA represented a “predatory invasion” of U.S. territory.

However, the court concluded that the situation does not fall within the conditions outlined in the law.

Court Limits the Use of the AEA in Deportations

What the Alien Enemies Act Says

The AEA authorizes the president to expel “natives, citizens, or subjects of a hostile nation” only when there is a declared state of war against another country or if there is an “invasion or predatory incursion” by a foreign power.

The panel of judges was clear in stating that mass migration, even if encouraged by a foreign government, does not in itself constitute military aggression.

In the court’s words: “That a country encourages illegal migration is not the same as sending an armed and organized force to occupy, disrupt, or cause harm to the United States.”

Based on that interpretation, the ruling emphasized that there is no “invasion or predatory incursion” attributable to Venezuela or any other nation.

Immediate Impact and Background

In January, Trump had reinstated the policy of “immediate expulsion” of undocumented immigrants, which he had already implemented during his first term (2017–2021).

This measure allows the deportation of those who cannot prove at least two years of continuous residence in the country, without the right to a court hearing.

Now, with the court’s restriction, application of the Alien Enemies Act is suspended in the states under the Fifth Circuit’s jurisdiction: Louisiana, Mississippi, and Texas.

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Civil Rights Advocates Respond

The lawsuit was brought by the American Civil Liberties Union (ACLU), which hailed the decision as a victory for the rule of law against Trump’s plans to deport migrants.

In its statement, the organization said: “This ruling makes it clear that the president cannot simply declare a military emergency and invoke whatever powers he wishes.”

What Comes Next

The legal battle is not over. All signs point to the White House taking the case to the Supreme Court, which could set a historic precedent on the limits of executive power in immigration matters.

This ruling represents a check on attempts to expand the reach of old laws in the context of modern migration and underscores the weight of judicial oversight against presidential power.

The outcome in the Supreme Court could redefine the course of U.S. immigration policy in the coming years.

Do you think the Supreme Court will uphold or definitively block Trump’s strategy under the Alien Enemies Act?

SOURCE: EFE