Federal appeals court says Trump unlawfully invoked the Alien Enemies Act for deportations ...Middle East

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By Devan Cole, CNN

(CNN) — A divided federal appeals court on Tuesday said President Donald Trump’s use of the Alien Enemies Act to rapidly deport alleged Venezuelan gang members is unlawful and blocked its use in several southern states, issuing another blow to Trump’s invocation of the 18th century law.

The Fifth US Circuit Court of Appeals said in a 2-1 ruling that Trump cannot move forward with using the sweeping wartime authority for deportations in Texas, Louisiana and Mississippi. The president has not leaned on the 1798 law for removals since mid-March, when his invocation of it sparked the first in a series of legal challenges.

Tuesday’s ruling is notable because it’s likely the vehicle through which the issue will reach the Supreme Court for the justices to potentially review Trump’s use of the law in full.

The Fifth Circuit’s opinion, penned by Judge Leslie Southwick and joined by Judge Irma Carrillo Ramirez, concluded that a “predatory incursion” by members of the gang, Tren de Aragua, had not incurred, as Trump claimed as a reason for invoking the act.

“We conclude that the findings do not support that an invasion or a predatory incursion has occurred. We therefore conclude that petitioners are likely to prove that the AEA was improperly invoked,” Southwick wrote.

Lee Gelernt, an attorney with the American Civil Liberties Union who represents in north Texas who are challenging Trump’s effort to deport them under the Alien Enemies Act, said that the appeals court “correctly held that the administration’s unprecedented use of the Alien Enemies Act was unlawful because it violates Congress’ intent in passing the law.”

“This is a critical decision upholding the rule of law and reigning in the administration’s attempt to militarize immigration,” Gelernt said.

This is a developing story and will be updated.

The-CNN-Wire™ & © 2025 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.

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