US Appeals Court Rules Trump’s Use of Wartime Law to Deport Venezuelan Gangs Illegal

Contact Your Elected Officials

The Fifth U.S. Circuit Court of Appeals barred the Trump administration from carrying out deportations under the wartime law.

A federal appeals court ruled on Sept. 2 that President Donald Trump had unlawfully invoked the Alien Enemies Act to deport Venezuelan illegal immigrants who were suspected of being part of a criminal gang.

In a 2–1 decision, the Fifth U.S. Circuit Court of Appeals issued a preliminary injunction blocking the Trump administration from using the wartime law for deportations of suspected Tren de Aragua (TdA) gang members, holding that it found “no invasion or predatory incursion” by the criminal gang Trump cited in a proclamation invoking the law.

Trump signed the proclamation on March 15, invoking the Alien Enemies Act, which allows the removal of noncitizens without legal process during wartime or invasion.

In his proclamation, Trump stated that TdA gang members invaded the United States and used “drug trafficking as a weapon” against U.S. citizens. He also accused TdA of backing Venezuelan President Nicolás Maduro’s regime in its alleged efforts to destabilize democratic nations in the Americas.

However, the court said the case did not warrant invoking the wartime law, noting that a country encouraging its citizens to enter the United States illegally is not equivalent to sending “an armed, organized force to occupy, to disrupt, or to otherwise harm the United States.”

“There is no finding that this mass immigration was an armed, organized force or forces,” it stated. “It is an action that would have been possible when the AEA [Alien Enemies Act] was written, and the AEA would not have covered it. The AEA does not apply today either.”

The court stated that its injunction only bars removals under the Alien Enemies Act and that the government may still deport alleged members of criminal gangs under other legal authorities.

“We declare, as did the Supreme Court, that our injunction solely applies to the use of the war-related federal statute and does not impede use of any other statutory authority for removing foreign terrorists,” the court stated.

Circuit Judge Andrew Oldham dissented, saying that “every president of every political party has enjoyed the same broad powers to repel threats to [the] Nation under the Alien Enemies Act” over the past decades.

By Aldgra Fredly

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Zelensky Is Manipulating Trump Into A Disaster Of Epic Proportions

Trump’s flip-flop on Ukraine is leading to Trump's manipulation by Zelensky into a disaster of epic proportions if Trump doesn’t soon wise up.  

Pregnant TikTok Goblins Gobble Tylenol, Demand #AutismAcceptance

HHS Sec. RFK Jr. and President Trump announced findings that Tylenol use in pregnant women and babies may be associated with increased risk of autism.

Fox News Exploits MN Church Massacre to Push AI ‘Early Intervention’ Crime Suppression

Don’t let the technocrats’ performative empathy and calls for prayer in aftermath of a man-made disaster deceive; dead kids are golden opportunities for the national security state.

Grit over glamor: the tranquil excellence of D-III college football

Division-III football is where walk-ons become captains, and linemen become legends. Next time you pass a small college stadium, stop in.

Kimmel’s Consequence

Jimmy Kimmel's suspension was a reminder that while he is free to speak, that freedom is a privilege extended at the discretion of his employer.

Kenvue Responds to Old Tylenol Posts on Social Media

Posts on social media stating Tylenol has not been tested during pregnancy and is not recommended for pregnant women are being taken out of context.

Rep. Tom Tiffany Announces Run for Governor of Wisconsin

U.S. Rep. Tom Tiffany (R-Wis.) announced on Sept. 23 that he will run for governor of Wisconsin in the 2026 general election.

1 Dead, 2 Injured in Shooting at Dallas ICE Facility: Officials

Several people were shot at an Immigration and Customs Enforcement field office in Dallas on Wednesday, said Homeland Security Sec. Kristi Noem.

Trump Announces New Executive Order to Dismantle Antifa

President Donald Trump announced on Wednesday that he would be signing a new executive order to dismantle Antifa networks in the United States.

Trump Hangs Portrait of Joe Biden Autopen in New White House Presidential Wall of Fame

President Donald Trump hangs portrait of Joe bidden autopen in new White House Presidential Wall of Fame after joking about doing so in an interview.

Trump Warns Against Globalist Agendas in UN Address, Holds Bilaterals

President Trump speaks at the 80th anniversary of the UN, with the gathering focused on “peace, development, and human rights.”

What to Know About Changes to Foreign Workers’ H-1B Visa Program

Trump announced new fee structure for obtaining an H-1B visa. Companies will pay a one-time fee of $100,000 for importing a foreign worker under program.
spot_img

Related Articles

Popular Categories

MAGA Business Central