Court block Trump's effort to deport alleged Venezuelan gang members
NBC News·2025-09-03 11:46

Legal Ruling & Implications - A federal appeals court barred the Trump administration from using the Alien Enemies Act to deport alleged gang members [1] - The appellate court found no invasion or predatory incursion by gangs designated as terrorist organizations, thus the administration lacked authority to deport individuals under this wartime act during peacetime [4] - The ruling is a narrow preliminary injunction, not a final decision, and the case goes back to the district court [6][7][8] - Other avenues for removal, both statutory and otherwise, remain available to the government [6] Deportation & Migrant Status - Approximately 250 Venezuelan migrants were deported to El Salvador in March, with a New York Times investigation finding most lacked US criminal records [9] - The administration's argument is that once individuals are deported, they are outside of US control, making remedies difficult [9][10] - Petitioners need to file their petitions quickly to prevent removal, as removal may make it impossible to reverse the action [10][11] Court Decision Details - The appellate court decision was 2:1, with a George W Bush and Joe Biden nominee in the majority [2] - The dissenting judge was a Trump appointee [3] - The statute used has been rarely examined by courts, coming up only about three times in US history [5]