A federal appeals court ruled that Trump unlawfully invoked the Alien Enemies Act to deport Venezuelans

A federal appeals court ruled Tuesday that the president Donald Trump illegally invoked the Alien Enemies Act to deport Venezuelans whom he accuses of being part of the terrorist group Tren de Aragua (TDA). In a 2-1 decision, the Fifth U.S. Court of Appeals ruled that Trump may not continue with the use of this law to carry out deportations in the states of Mississippi, Louisiana and Texas.

The court's opinion, written by Judge Leslie Southwick and supported by Judge Irma Carrillo Ramirez, found that at no time was there a "predatory incursion" by members of the TDA, as the Republican leader claimed at the time to justify the application of the 1798 law. "We conclude that the findings do not support that an invasion or a predatory incursion has occurred. We therefore conclude that petitioners are likely to prove that the AEA was improperly invoked," Southwick wrote, as noted by the CNN.

The Fifth Circuit order represents the first time in this second Trump presidency that a federal appeals court ruled directly on last March 14 presidential proclamation that invoked the Alien Enemies Act to justify swift deportations. That law gives the government broad powers not only to detain, but also to deport those citizens who hail from nations deemed hostile. However, such a law can only be enforced during times of war or during a "predatory invasion or incursion."

In April, the Supreme Court ruled that appeals against deportations under the Alien Enemy Act must be filed in the federal judicial districts where immigrants are detained. The nation's high court clarified that in that ruling it was not resolving the validity of the government's enforcement of the law.