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one Federal Court of Appeal Tuesday ruled that the Trump administration could not speed up the deportation of Venezuelan gang members accused of using 18th-century wartime laws.
In a 2-1 ruling, the U.S. Court of Appeals for the Fifth Circuit argued with immigration rights lawyers and lower judges that they believed the Foreign Enemy Act of 1798 was not created for use against gangs like this Tren de Aragua.
Lee Gelernt defended the American Pieng Liberties Union. “This is an important decision that the government believes it can simply declare an emergency without court oversight.”
The Alien Enemy Act was previously used only three times in American history, all of which emerged during the wars announced in 1812 and the two World Wars.
After the Court of Appeal’s ruling
The federal appeals court prevented the Trump administration from using the Foreign Enemy Act of 1798 to speed up the deportation of alleged members of the Tren de Alagua gang. (Getty Image)
The Trump administration claims that the court cannot link the president’s determination to link Tren de Aragua to the Venezuelan government and represents a danger to the United States, which it believes is necessary to use the law.
Officials believe the government deported the so-called Tren de Alaguya members to a super prison in El Salvador, where the U.S. court cannot order their release.
More than 250 Deported immigrants Return to Venezuela, according to a deal announced in July.
In a 2-1 ruling, the court approved the preliminary injunction sought by the plaintiffs because in this case they “discovered no invasion or predatory invasion.”
The Guard accompanied prisoners allegedly involved in the criminal group of Cecot on March 16, 2025 in Tecoluca, El Salvador. (Salvador government through Getty image)
The court’s ruling hindered deportation in Texas, Louisiana and Mississippi.
Most comments say Trump’s allegations about Tren de Aragua do not match the historical level of national conflicts that Congress has scheduled when the law is approved.
“A country that encourages its residents and citizens to enter the country illegally is not the same as sending armed, organized troops to occupy, destroy or otherwise harm the United States,” wrote U.S. Circuit Judges Leslie Southwick and Irma Carrillo Ramirez.
In objection, U.S. Circuit Judge Andrew Oldham argued that most people were the second speculation in diplomacy and national security, and the courts often gave the president’s respect.
Department of Homeland Security Secretary Kristi Noem spoke on March 26, 2025 on the Tecoluca tour in El Salvador. (Alex Brandon-Pool/Getty Images)
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“The way most people treat this situation is not only unprecedented, but also contrary to the precedent of more than 200 years,” Oldham wrote.
The Trump administration won a legal victory in Tuesday’s ruling, and judges found that the procedures used by officials regarding their legal rights to detainees under the Foreign Enemy Act are appropriate.
The ruling can be appealed to the full Fifth Circuit or directly appealed to the U.S. Supreme Court, which is expected to make a final decision in this case.
The Associated Press contributed to this report.
