Trump's attempt to expel Venezuelan criminal groups through the Alien Enemies Act has been denied by the court's ruling
The U.S. Court of Appeals for the Fifth Circuit has ruled against the Trump administration's attempt to use the Alien Enemies Act of 1798 to speed up the deportations of individuals accused of being part of a Venezuelan gang.
The decision, handed down by a panel of judges including US Circuit Judges Leslie Southwick, nominated by Republican President George W. Bush, and Irma Carrillo Ramirez, nominated by Democratic President Joe Biden, blocks an administration priority and is expected to be reviewed by the U.S. Supreme Court.
The ruling comes after the administration targeted Tren de Aragua in March, with the majority of the judges agreeing that the Alien Enemies Act was not intended to be used against gangs such as Tren de Aragua. Judge Jennifer Walker Elrod of the 5th U.S. Circuit Court of Appeals had previously rejected the U.S. government's proposal to use the act in this manner.
In a dissent, Judge Andrew Oldham, a Trump nominee, complained that his colleagues were second-guessing Trump's conduct of foreign affairs and national security. The administration had argued that American courts could not order them freed.
However, the majority opinion stated that Trump's allegations about Tren de Aragua did not meet the historical levels of national conflict that Congress intended for the Alien Enemies Act. The panel granted the administration one legal victory, finding the procedures used to advise detainees under the Alien Enemies Act of their legal rights were appropriate.
This is not the first time the Supreme Court has gotten involved in the Trump administration's use of the Alien Enemies Act. Previously, the court has already ruled on two occasions regarding the administration's application of the act.
In the initial weeks after Trump's March declaration, the court ruled that the administration could deport people under the act, but unanimously found that those targeted needed to be given a reasonable chance to argue their case before judges. As the administration moved to rapidly deport more Venezuelans from Texas, the high court stepped in again with an unusual, post-midnight ruling that they couldn't do so until the 5th Circuit decided whether the administration was providing adequate notice to the immigrants and could weigh in on the broader legal issues of the case.
The ruling blocks deportations from Texas, Louisiana, and Mississippi. It's important to note that more than 250 of the deported migrants returned to Venezuela in a deal announced in July. The administration deported people designated as Tren de Aragua members to a notorious prison in El Salvador.
The Supreme Court has yet to address whether a gang can be cited as an alien enemy under the Alien Enemies Act. The ruling can be appealed to the full 5th Circuit or directly to the Supreme Court.
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