The Federal Court of Appeals ruled that President Donald Trump's use of the Alien Enemies Act of 1798 for the rapid deportation of migrants is inadmissible. Because deportation under wartime laws is currently illegal in the USA.
UNN reports with reference to CNN.
Details
The Federal Court of Appeals in New Orleans on Tuesday, September 2, ruled against President Donald Trump's use of the 1798 law to deport suspected members of Latin American gangs.
The Alien Enemies Act allows for the deportation of "subjects of a hostile nation" only if a state of war has been declared against another country.
In January, Trump already reinstated the "immediate removal" of immigrants, even if they had no documents. In March 2025, the White House chief declared the Venezuelan gang Tren de Aragua an international terrorist organization. Later, by Trump's decision, suspected members of the Venezuelan criminal group were transported by two planes to a maximum-security prison in El Salvador.
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In May 2025, the US Supreme Court halted Trump's use of the Alien Enemies Act for deportation. The case was returned to consider migrants' claims that they did not receive sufficient notice of deportation.
In June 2025, the US Supreme Court allowed the Donald Trump administration to resume the deportation of migrants to third countries, even if these countries are not their native ones. The decision overturned a previous court verdict.
Last week, another federal appeals court in the US temporarily blocked Trump's decision to revoke the temporary protected status of approximately 600,000 Venezuelans living in the US.
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On Tuesday, this week, the Court of Appeals in New Orleans concluded that the government's decision to warn migrants seven days before their expulsion under the law "appears to be consistent with the Supreme Court's directive."
However, only Southwick, appointed by former President George W. Bush, and Judge Andrew Oldham, appointed by Trump, agreed with this part of the court's decision.
Thus, the US Court of Appeals ruled that President Donald Trump's use of the 1798 law was illegal. Until the Supreme Court rules, the appeals court's decision is binding.
Recall
The Trump administration previously planned to relocate thousands of illegal migrants, including citizens of Ukraine and other allied countries, to the military base in Guantanamo Bay to relieve overcrowded centers.