Fifth Circuit blocks use of Alien Enemies Act in Tren de Aragua case

A federal appeals court on Tuesday blocked President Donald Trump from using the 1798 Alien Enemies Act to deport Venezuelan migrants accused of membership in the Tren de Aragua gang, ruling 2 to 1 that the administration had not shown an invasion or predatory incursion required to invoke the wartime statute. The U.S. Court of Appeals for the Fifth Circuit issued an injunction that prevents the government from applying the law to migrants who brought the suit and similarly situated individuals within the court's jurisdiction.

Writing for the majority, Judge Leslie Southwick, a George W. Bush appointee, said the administration's findings did not support a modern reading of invasion or predatory incursion that would justify sweeping, expedited removals. "A country's encouraging its residents and citizens to enter this country illegally is not the modern day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States," Southwick wrote. The court accepted that drug trafficking can be used as a weapon but concluded that such activity does not meet the AEA's 1798 standard.

Judge Irma Carrillo Ramirez, appointed by President Joe Biden,...