A federal appeals court has dealt a significant blow to the Trump administration's efforts to use an 18th-century law to deport Venezuelan immigrants. In a divided ruling, the 5th Circuit Court of Appeals rejected the administration's use of the Alien Enemies Act of 1798, a rarely used wartime law, to expel individuals aledgedly associated with the Tren de Aragua gang.
The court found that the administration had failed to provide sufficient evidence to support its claim that the targeted individuals constituted an "invasion" or "predatory incursion" at the direction of the Venezuelan government. This a key requirement for invoking the Alien Enemies Act. The ruling enjoins the administration from using the act to deport any alleged members of the gang currently held in northern Texas.
This decision is the latest in a series of legal setbacks for the administration's use of this controversial law. Federal district judges across the country have issued similar rulings, and the Supreme Court has also weighed in on the issue, previously ruling that the administration had failed to provide adequate due process to those targeted.
The Trump administration can appeal the 5th Circuit's decision to the full court or to the Supreme Court. The ruling highlights the ongoing legal battles over the administration's immigration policies and the separation of powers between the executive and judicial branches.