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A federal appeals court ruled Tuesday 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 <a href="https://storage.courtlistener.com/recap/gov.uscourts.ca5.224134/gov.uscourts.ca5.224134.507678079.1.pdf">decision</a>, the 5th U.S. Circuit Court of Appeals issued a preliminary injunction blocking the Trump administration from using the wartime law for deportations, citing that it found “no invasion or predatory incursion” by the criminal gang that Trump cited in a proclamation invoking the law.

“A country’s encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States,” the court stated. “There is no finding that this mass immigration was an armed, organized force or forces.”

The court stated that its injunction only bars removals under the Alien Enemies Act but added 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,” it stated.

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

Trump signed the <a href="https://www.whitehouse.gov/presidential-actions/2025/03/invocation-of-the-alien-enemies-act-regarding-the-invasion-of-the-united-states-by-tren-de-aragua/">proclamation</a> invoking the Alien Enemies Act on March 15, stating that members of Venezuela’s Tren de Aragua criminal gang have “unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions” against the United States.

The case stems from a lawsuit brought by a group of alleged Tren de Aragua members being held at the Bluebonnet Detention Facility in Anson, Texas. The American Civil Liberties Union, which represents the men, has disputed the claims of gang membership.

The Supreme Court ruled in April that challenges to removal under the law must be brought in the federal judicial districts where detainees are being held.

Reuters contributed to this report.

This story will be updated with additional details.

From <a href="https://www.theepochtimes.com/us/us-appeals-court-rules-trumps-use-of-wartime-law-for-deportations-is-illegal-5909604">The Epoch Times</a>

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