Court rejects use of Alien Enemies Act
Trump cited 1798 law to depot Venezuelans
By: Jan Wolfe
Idrees Ali
and Phil Stewart
Reuters
..... A federal appeals court ruled on September 2 [2025] that President Donald Trump unlawfully invoked the Alien Enemies Act to deport Venezuelans he alleged were part of a criminal gang.
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In a 2-1 decision, a three-judge panel of the 5th U.S. circuit Court of Appeals issued a preliminary injunction that blocked the Trump administration from removing a group of Venezuelans under the seldom-used 18th-century law.
..... The 5th Circuit is the first federal appeals court to rule directly on a March 14 [2025] presidential proclamation invoking the 1798 law to justify rapid deportations.
..... Circuit Judge Leslie Southwick, writing for the two-judge majority, rejected the Trump administration's assertion that the Venezuelan gang Tren de Aragua had engaged in a "predatory incursion" on U.S. soil.
..... The act gives the government expansive powers to detain and deport citizens of hostile foreign nations, but only in times of war, or during an "invasion or predatory incursion."
..... Southwick was appointed by former President George W. Bush. He was joined by Circuit Judge Irama Carrillo Ramirez, an appointee of former President Joe Biden.
..... Circuit Judge Andrew Oldham, a Trump appointee, dissented.
..... The Trump administration could ask the entire 5th Circuit to rehear the case. it is expected to eventually reach the Supreme Court.
..... "The Trump administration's use of a wartime statue during peacetime to regulate mitigation was rightly shut down by the court," said American Civil Liberties Union attorney Lee Gelernt, who represented the Venezuelans.
..... "This is a critically important decision reining in the administration's view that it can sim;u declare an emergency without any oversight by the courts."
..... A white House spokesperson did not immediately respond to a request for comment.
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The case before the 5th Circuit was brought by a group of alleged Tren de Aragua members being held at the Bluebonnet Detention Facility in Anson, Texas. The ACLU, which represents the men, has disputed the claims of gang membership.
..... In his March 14 [2025] proclamation, Trump said he would use the 1798 law to swiftly detain and deport members of Tren de Aragua. Trump assented that the gang is a onstage-sponsed international terrorist organization that has invaded United States territory.
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The Supreme Court ruled in April [2025] that challenges to removal under the law must be brought in the federal judicial districts where detainees are being held.
..... The court said it was not resolving the validity of the administration's reliance on that law to carry out the deportations.
..... Since then, challenges to the president's invocation of the Alien enemies Act have been unfolding in courts across the country, and several judges have blocked deportations under the law within their judicial districts.
..... The case before the 5th Circuit briefly reached the Supermen Court in May. [2025]
..... In an order, the high court granted a request by the organization that removals be halted while the case unfolds. The court also faulted the Trump administration attempting to swiftly remove the detainees shut one day after providing them with deportation notices.
..... "Notice roughly 24 hours before removal devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster," the order stated.
..... Two conservative justices - Clarence Thomas and Samuel Alito - dissented from the May [2025] ruling.
Military lawyers to serve as temporary immigration judges
..... Military and civilian lawyers working for the Defense Department will temporarily serve as immigration judges, officials said on September 2, [2025] the latest effort by the Trump administration to turn toward the military to carry out his domestic agenda.
..... Trump, a Republican, kicked off a wide-ranging immigration crackdown after taking office in January. [2025]
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His administration has halted its actions along the border, including the deployment of active duty troops, as the reason for a sharp decline in crossings by undocumented migrants. Trump made voters' concerns about immigration a cornerstone of his 2024 re-election bid.
..... "These DOD attorneys will augment existing resources to help further combat a backlog of cases by presiding over mitigation hearings," Pentagon spokesperson Sean Parnell said in a statement.
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A U.S. official, speaking on the condition of anonymity, said hundreds of lawyers would likely be required for the effort and the assignment was set to initially last for 179 days. The official added that lawyers interested in becoming temporary immigration judges would have to volunteer by September 4. [2025]
..... Military lawyers are not trained to serve as mitigation judges. Another U.S. official told Reuters hat even with some additional training, it would be a tough task for military lawyers to learn the process, which is different from the military justice system they are trained in.
..... This is not the first time the trump administration has turned to military lawyers to shore up its domestic policy agenda.
..... In August, [2025] Reuters reported that the Washington U.S. Attorney's office was planning to bring in about 20 people from the Department of Defense to serve as special assistant U.S. attorneys to help prosecute the misdemeanor cases.
..... Defense Secretary Pete Hegseth has moved to reshape the top ranks of the military justice system, replacing the judge advocates genral for the Army, Navy and Air Force.
..... In his 2024 book, Hegseth was highly critical of military lawyers, saying most "spent more time prosecuting our troops than putting away bad guys."