Lee Gelernt, who argued the case for the ACLU, said Tuesday: “The Trump administration’s use of a wartime statute during peacetime to regulate immigration was rightly shut down by the court. 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.”
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.
In a deal announced in July, more than 250 of the deported migrants returned to Venezuela.
The Alien Enemies Act has only been used three times before in U.S. history, all during declared wars — in the War of 1812 and the two World Wars. The Trump administration unsuccessfully argued that courts cannot second-guess the president’s determination that Tren de Aragua was connected to Venezuela’s government and represented a danger to the United States, meriting use of the act.
The ruling can be appealed to the full 5th Circuit or directly to the U.S. Supreme Court, which is likely to make the ultimate decision on the issue.