New Orleans court stops Trump: He cannot use the Foreign Enemies Act against Venezuelans

A federal appeals court in New Orleans ruled this Tuesday that President Donald Trump cannot use the Alien Enemies Act of 1798 to justify the immediate deportation of Venezuelan immigrants.

The ruling represents a severe blow to Trump's immigration policy, especially considering it comes from the Fifth Circuit, the most conservative court in the country.

CNN reported that the law cannot be used to support deportations in Texas, Louisiana, and Mississippi. However, the U.S. government may pursue other legal avenues to expel foreign terrorists.

The report, consisting of 185 pages, was approved by a majority (2-1) and dismisses the notion that the arrival of Venezuelans in the country, including alleged members of the Tren de Aragua, can be considered a "foreign invasion" under the terms of that legislation.

Rejection of a doctrine of "military emergency"

The court concluded that the law, created during wartime in the late 18th century, cannot be used to expel immigrants in current contexts that do not involve an organized armed force.

"The fact that a country encourages its residents and citizens to enter this country illegally is not the modern equivalent of sending an armed and organized force to occupy, disturb, or harm the United States in any other way," wrote Judge Leslie H. Southwick, author of the majority opinion.

Southwick, known for his conservative profile and military background, was accompanied in the decision by Judge Irma Carrillo Ramírez, nominated by President Joe Biden. Both considered that the argument of "invasion" lacks legal basis and does not justify the invocation of war powers.

Internal criticism and political repercussions

Café Fuerte reported that Judge Andrew Oldham, appointed by Trump in 2018, disagreed with the ruling and accused his colleagues of overstepping in their interpretation, stating that “they transform the least dangerous power into robed crusaders who can act as commanders in chief.”

The ruling represents a victory for civil rights organizations, such as the American Civil Liberties Union (ACLU), whose lawyer Lee Gelernt described the decision as “a huge victory for the rule of law.”

"Gelernt stated, 'It is clear that the President of the United States cannot simply declare a military emergency and then invoke whichever powers he wishes.'"

Background of the case and exceptional use of the law

Trump invoked the Foreign Enemies Act in January upon taking office and had tried to activate the regulation in March, with an executive proclamation that authorized the detention and deportation of immigrants allegedly linked to the Tren de Aragua, classified as a terrorist group by the Department of State along with several drug cartels and international gangs.

The has only been used three times in the history of the United States, all in wartime contexts. The application of this legal text to control immigration has raised significant legal and political challenges from the outset.

In April, the Supreme Court temporarily suspended deportations while the legality of their implementation was being assessed. Following this order, dozens of Venezuelans facing immediate expulsion were returned to detention centers in Texas.

In May, the Supreme Court remanded the case to the Fifth Circuit, requesting an evaluation of whether the law was applicable and if a prior process was necessary before implementing deportations under that legal provision.

Another setback for Trump's immigration policy

The Fifth Circuit ruling adds to another unfavorable decision for the Trump administration. Last week, a federal judge in Maryland dismissed a lawsuit from the Department of Justice that sought to proceed with mass deportations without providing judicial review for those affected.

Both decisions set clear limits on the use of presidential powers for extreme immigration measures and establish a precedent regarding the actual reach of the executive power in non-war times.

Frequently Asked Questions about the Court Ruling Against Trump and the Use of the Foreign Enemies Act