Appeals court strikes down Trump’s use of 1798 law for gang deportations

ScrippsNews.com ^ | 5:33 AM, Sep 03, 2025 and last updated 10:07 AM, Sep 03, 2025 | AP via Scripps News Group

[E. Pluribus Unum]

Appeals court blocks Trump’s use of 1798 Alien Enemies Act to speed deportations of alleged Venezuelan gang members, setting stage for Supreme Court fight.

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, 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.

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 Department of Homeland Security did not immediately respond to a request for comment.

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 was only 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...

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TOPICS: Breaking News; Crime/Corruption; Government; Politics/Elections
KEYWORDS: aliens; deportation; judgewatch

[Cold Heart]

The reusable 11 capacity speed boat seems to be an alternative.

[Eli Kopter]

Do immigration judges have to be approved by the Senate? If not, appoint 10,000 of them.

[FlingWingFlyer]

Now the Feral appeals court aho Judgees are taking over sabotaging the administration elected by the American people. FERAL JUDGES, ALL OF THEM, ARE BOTTOM FEEDING, SUBHUMAN SCUM!!! They should have continued running a 7-11, a falling down Rt. 66 motel or working in a Buffalo Wings and Pancake Warehouse as waitresses.

[FlingWingFlyer]

Works for me. Feral Judgees are the greatest threat to America. They are trying to entirely change the demographics that made America great to making America a Marxist craphole for the world’s subhuman freeloaders.

[TexasFreeper2009]

lol

so laughable that the mention the age of the law!

laws against murder are even older! but they never mention that!

[Ge0ffrey]

Didn’t Trump officially declare war on the cartels?

[antidemoncrat]

I keep wondering why we pay Congre$$ tax money and let them reap millions from lobbyists yet will stand by and let the Judicial Branch usurp the power of the Executive Branch. I believe we need a CON-CON to set term limits for Congre$$ and redefine the power of the Three Branches.

[unread]

https://freerepublic.com/focus/f-news/4338240/posts

[WellyP]

The decision bars deportations from Texas, Louisiana and Mississippi. In the majority were U.S. Circuit Judges Leslie Southwick, a George W. Bush appointee, and Irma Carrillo Ramirez, a Joe Biden appointee. Andrew Oldham, a Trump appointee, dissented.

[sopo]

Depend on Roberts and Coney? Get a new law an put vulnerable Democrats on the spot for wanting to keep them here.

[Vaduz]

Appeals court blocks Trump’s deportations of alleged Venezuelan gang members.

The mask is off of the left agenda comrades.

[shelterguy]

“””https://www.ecfr.gov/current/title-8/chapter-V/subchapter-A/part-1003/subpart-B/section-1003.10“”””””””

Immigration judges don’t need approval.

[alternatives?]

2 to 1. Biden, Bush judges no, Trump yes.

[mikey_hates_everything]

Only the Supreme Court should be able to override the head of the Executive branch. Why can’t Congressional aides vote to impeach him?

[mass55th]

"The decision bars deportations from Texas, Louisiana and Mississippi. In the majority were U.S."

Simple solution, transport them to any other state but those three, and deport them.

[Pajamajan]

"Do immigration judges have to be approved by the Senate? If not, appoint 10,000 of them."

Could this be done?

[adorno]

The Trump administration’s use of a wartime statute during peacetime to regulate immigration

With the cartels and China waging WAR against the American people and killing hundreds of thousands American citizens, there is no way that this is peacetime for the country.

The cartels and China are at war with the U.S. and the U.S. has the right to fight back.

If we can fight criminals in the street, we can fight international criminals who also violate our laws.

[Dr. Sivana]

Donald Trump cannot use an 18th-century wartime law to speed the deportations of people his administration accuses of membership in a Venezuelan gang

The United States was not in a declared war with anybody in 1798. If one wants to describe the law as a "War Time" act, it would apply to quasi-war and hostility situations. In 1798 we were dealing with French privateers, Algerian pirates, etc. The 21st Century version would encompass hostilities with similar Houthi and African pirates, Venezuelans sending contraband to the U.S. Foreign nationals coordinating to enter the country illegally on a large scale. These are as much of a war as our conflict with France in 1798 that led to the act in the first place.

[ProtectOurFreedom]

“ peacetime”

What BS. It is an irregular war, not a conventional or declared war with uniformed combatants. Such small minds.