Federal Court Blocks Trump’s Deportation Plans for Venezuelans
In a significant ruling, a federal appeals court has halted the Trump administration’s ability to rapidly expel Venezuelans under the 1798 Alien Enemy Act. The court found no evidence of foreign aggression or predatory invasions justifying such measures.
This setback is tied to the administration’s assertion that Venezuelan immigration constituted an “aggression” against the U.S., which was central to their extensive deportation campaign targeting those lacking permanent legal status. The decision came from the conservative 5th Circuit Court of Appeals, which oversees Louisiana, Mississippi, and Texas, and may eventually head to the U.S. Supreme Court.
Judge Leslie Southwick, appointed by former President George W. Bush, joined by Irma Carrillo Ramirez—nominated by both former Presidents Bush and Biden—was in the majority. In contrast, Trump-appointed Judge Andrew Oldham disagreed.
The majority opinion expressed that “a country that encourages illegal entry is not equivalent to an armed occupation.” The judges noted there was no evidence that the immigrant population constituted a military threat.
Lee Gererund from the American Civil Liberties Union, who represented the case, heralded this ruling as a clear affirmation that the president’s powers are limited. “This is a huge victory for the rule of law,” he stated.
Oldham, voicing dissent, stressed the importance of the president’s authority in situations of declared invasion or rebellion, claiming that such powers should take precedence over a federal judge’s judgment.
A spokesperson from the U.S. Department of Homeland Security indicated that this ruling is not definitive. “President Trump and his secretary, Christi Noem, will not tolerate criminal gangs threatening American citizens,” the spokesman remarked. “An unelected judge shouldn’t undermine the will of the American people. We believe in our position, supported by laws and facts.”
Background on Trump’s Deportation Efforts
Earlier this year, Trump implemented alien enemy laws targeting Venezuelan citizens over 14 years old accused of being part of criminal gangs. In March, he declared an intention to deport over 200 Venezuelans associated with a gang known as Tren de Aragua to a notorious prison in El Salvador, where some remained until released by the Venezuelan government.
The administration also categorized the Venezuelan gang as a foreign terrorist organization. Historically, the alien enemy law had only been invoked three times: during the War of 1812, World War I, and World War II. The Trump administration argued it needed to leverage this law to expedite deportations—an assertion judges have pushed back against.
In April, the Supreme Court allowed the administration to proceed under wartime laws with some stipulations requiring notice for those facing deportation. A subsequent alien enemy case emerged in May, prompting the 5th Circuit to evaluate the legality of the administration’s employment of wartime laws, leading to this recent ruling.
This decision specifically pertains to the alien enemy laws and does not prevent the Trump administration from removing non-U.S. citizens perceived as foreign threats.
