Topline
A federal appeals court ruled that President Donald Trump’s administration cannot fast-track the deportation of Venezuelan migrants from the country using an 18th-century law that has previously only been used during wartime, dismissing the administration’s argument that the migrants were part of an “invasion.”
The court ruled that the Trump administration cannot use the 18th century act to swiftly remove Venezuelan migrants from the U.S.
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Key Facts
In a 2-1 decision, the 5th U.S. Circuit Court of Appeals ruled that the Alien Enemies Act of 1798 could not be applied to the case of these Venezuelan migrants—who the Trump administration alleges are gang members.
In their ruling, the judges said they found “no invasion or predatory incursion” by a foreign government and therefore issued a preliminary injunction to prevent the removal of migrants under the wartime law.
The President and administration officials have not yet commented on the ruling.
Crucial Quote
“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 judges said.
This is a developing story.
Source: https://www.forbes.com/sites/siladityaray/2025/09/03/trump-administration-cannot-swiftly-deport-venezuelan-migrants-using-alien-enemies-act-appeals-court-rules/
