Donald Trump Blocked! Court Slams 200-Year-Old Law Used Against Venezuelan Man

A federal appeals court has stopped the Trump administration from deporting Venezuelan men using a 200-year-old wartime law, setting the stage for the case to return to the US Supreme Court.

The court ruled that President Trump cannot use the Alien Enemies Act of 1798 to deport alleged members of the violent Tren de Aragua gang. The court said their presence in the US does not qualify as an “invasion” or “predatory attack” by a foreign country, according to a 2-1 decision by the 5th US Circuit Court of Appeals on Tuesday.

Trump had cited the Alien Enemies Act in a March proclamation, claiming that Venezuelan President Nicolás Maduro sent Tren de Aragua members to the US to “destabilize democratic nations in the Americas, including the United States.”

Federal Court Rejects Donald Trump’s Deportation Plan

The appeals court, based in New Orleans, rejected Trump’s reasoning. It said that encouraging citizens to enter the US illegally is not the same as sending an armed, organized force to occupy or attack the country. “There is no finding that this mass immigration was an armed, organized force or forces,” the court wrote.

This ruling comes as Trump’s broad crackdown on undocumented immigrants faces multiple legal challenges across the country. Earlier Tuesday, a judge ruled that Trump illegally used federal troops to enforce immigration law when he sent the National Guard to California during protests over his crackdown.

The White House did not immediately respond to requests for comment.

Earlier this year, the Supreme Court ruled that Venezuelans facing deportation under the Alien Enemies Act must be given notice in a “reasonable time and in such a manner” to challenge their removal. Several federal judges have also ruled that Trump improperly invoked the law, but the Supreme Court has not made a final decision on that point.

Appeals Court Dismisses Trump’s Defense

The 5th Circuit decision comes amid rising tensions with Venezuela. On Tuesday, Trump claimed that the US military killed 11 “terrorists” on a boat allegedly carrying drugs from Venezuela.

In July, around 250 Venezuelans, including accused gang members deported under the Alien Enemies Act, were sent back to Venezuela from El Salvador in a prisoner swap involving 10 Americans.

Despite multiple court losses, Trump continues to defend his use of the law, which allows the president to bypass regular immigration rules to deport “alien enemies” during a declared war or if a foreign country threatens an “invasion or predatory attack.”

The Supreme Court had previously blocked Trump from using the law to deport Venezuelan gang members detained in northern Texas, the same case now under appeal, and asked the 5th Circuit to handle it quickly.

Also Read: US Judge Halts Donald Trump’s Expanded Fast-Track Deportations Nationwide