Appeals court rules Trump cannot use Alien Enemies Act to deport members of Venezuelan gang

A federal appeals court has ruled President Donald Trump cannot use an 18th century wartime law to speed the deportations of people his administration accuses of membership in a Venezuelan gang
President Donald Trump speaks during an event about the relocation of U.S. Space Command headquarters from Colorado to Alabama in the Oval Office of the White House, Tuesday, Sept. 2, 2025, in Washington. (AP Photo/Mark Schiefelbein)

Credit: AP

Credit: AP

President Donald Trump speaks during an event about the relocation of U.S. Space Command headquarters from Colorado to Alabama in the Oval Office of the White House, Tuesday, Sept. 2, 2025, in Washington. (AP Photo/Mark Schiefelbein)

WASHINGTON (AP) — A federal appeals court panel ruled Tuesday that President Donald Trump cannot use an 18th century wartime law to speed the deportations of people his administration accuses of membership in a Venezuelan gang, blocking a signature administration push that is destined for a final showdown at the U.S. Supreme Court.

A three-judge panel of the 5th U.S. Circuit Court of Appeals, one of the most conservative federal appeals courts in the country, in a 2-1 decision agreed with immigrant rights lawyers and lower court judges who argued the Alien Enemies Act of 1798 was not intended to be used against gangs like Tren de Aragua, the Venezuelan group Trump targeted in his March invocation. The administration deported people designated as Tren de Aragua members to a notorious prison in El Salvador where, it argued, U.S. courts could not order them freed.