Federal Courts Limit Trump Administration Deportations Under Alien Enemies Act

Several federal courts have recently challenged the Trump administration's use of the 18th-century Alien Enemies Act (AEA) to deport Venezuelan immigrants accused of association with the Tren de Aragua gang. U.S. District Judge Clay Land barred deportation under the AEA, emphasizing the need for legal merits over political policy and recognizing due process rights despite the government's claims. The Fifth Circuit Court saw dissent from Judge James C. Ho, who criticized the Supreme Court for reversing the court's unanimous decision and allowing appeals to proceed, reflecting ongoing judicial conflict over the administration's actions. Meanwhile, the Fourth Circuit ruled in favor of migrants, holding that the AEA invocation cannot override existing legal settlements protecting certain migrants from deportation, with Judge Roger Gregory concurring that the administration's use of the AEA is unlawful due to lack of declared war or qualifying invasion. The Trump administration's claim that the Venezuelan gang and Maduro regime constitute a hybrid criminal state conducting an invasion is disputed by U.S. intelligence, and legal experts highlight that Congress, not the executive alone, should determine when the predicate conditions for AEA invocation are met. Collectively, these rulings underscore significant judicial skepticism about the legality and legitimacy of the Trump administration's invocation of the AEA for immigration enforcement.