A federal appeals court blocked the Trump administration from using the 1798 Alien Enemies Act to speed deportations of alleged Tren de Aragua gang members. (Getty Images)
The Trump administration claimed that courts cannot second-guess the president's determination that Tren de Aragua was connected to Venezuela’s government and represented a danger to the U.S., which it argued warranted using the law.
The administration deported alleged Tren de Aragua members to a mega-prison in El Salvador where, officials argued, U.S. courts could not order their release.
More than 250 of the deported migrants returned to Venezuela under a deal announced in July.
In a 2-1 ruling, the court granted the preliminary injunction sought by the plaintiffs because they "found no invasion or predatory incursion" in this case.
Department of Homeland Security Secretary Kristi Noem speaks during a tour of CECOT on March 26, 2025, in Tecoluca, El Salvador. (Alex Brandon-Pool/Getty Images)
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"The majority’s approach to this case is not only unprecedented—it is contrary to more than 200 years of precedent," Oldham wrote.
The Trump administration secured one legal victory in Tuesday's ruling, with the judges finding the procedures officials use to advise detainees under the Alien Enemies Act about their legal rights are appropriate.
The ruling can be appealed to the full Fifth Circuit or directly to the U.S. Supreme Court, which is expected to make the ultimate decision in this case.
The Associated Press contributed to this report.
https://www.foxnews.com/politics/appeals-court-blocks-trump-from-deporting-members-tren-de-aragua-gang