Appeals court blocks Trump from deporting Venezuelan migrants under Alien Enemies Act, finding "no invasion" [View all]

Source: CBS News

September 2, 2025 / 11:57 PM EDT


A federal appeals court on Tuesday ruled against President Trump's use of an 18th century wartime law to rapidly deport Venezuelan migrants, finding "no invasion or predatory incursion."

The Trump administration deported hundreds of accused Tren de Aragua gang members earlier this year using the Alien Enemies Act of 1798, an obscure law that allows the president to remove citizens of an enemy country during an "invasion or predatory incursion." Some of those migrants were later flown to a supermax prison in El Salvador — though many of the detainees were sent to Venezuela as part of a prisoner swap in July.

The strategy has drawn a litany of court challenges, many of which argue the U.S. isn't facing an "invasion" or migrants aren't receiving enough due process to contest their deportations. A "60 Minutes" investigation found many migrants sent to El Salvador didn't have criminal records. Tuesday's ruling by the U.S. Court of Appeals for the Fifth Circuit marks the latest court decision to push back on the Trump administration's use of the Alien Enemies Act.

The ruling — which was issued by a three-judge panel, with one dissenter — found the situation with Tren de Aragua does not meet the definition of either an "invasion" or a "predatory incursion." The Trump administration has argued Tren de Aragua is engaged in an incursion because its members have perpetrated "mass illegal migration." The appeals court rejected this argument.

Read more: https://www.cbsnews.com/news/appeals-court-trump-venezuela-alien-enemies-act-no-invasion/