Court Weighs Trump’s Alien Enemies Act Deportations

The Fifth Circuit Court of Appeals is deliberating whether former President Donald Trump can invoke the 1798 Alien Enemies Act to expedite deportations of alleged members of the Venezuelan gang Tren de Aragua, which he declared an invading force and labeled a foreign terrorist organization in March 2025. The ACLU and detainees argue the law is only applicable during formal military conflicts and not to criminal organizations, with many detainees denying any gang affiliation and some holding legal U.S. status. The Supreme Court previously paused deportations to ensure detainees could contest their gang designations. Judges on the panel expressed skepticism toward restricting presidential authority under the Act, while government lawyers argued the courts should defer to presidential national security decisions. The outcome is expected to set an important precedent and may be resolved by the Supreme Court. Historically, the Alien Enemies Act has been used only during declared wars, making this case a significant test of its application.