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Federal appeals court says Trump unlawfully invoked the Alien Enemies Act for deportations

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September 3, 2025

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A divided federal appeals court on Tuesday said President Donald Trump’s use of the Alien Enemies Act to rapidly deport alleged Venezuelan gang members is unlawful and blocked its use in several southern states, issuing another blow to Trump’s invocation of the 18th century law.

The Fifth US Circuit Court of Appeals said in a 2-1 ruling that Trump cannot move forward with using the sweeping wartime authority for deportations in Texas, Louisiana and Mississippi. The president has not leaned on the 1798 law for removals since mid-March, when his invocation of it sparked the first in a series of legal challenges.

Tuesday’s ruling is notable because it’s likely the vehicle through which the issue will reach the Supreme Court for the justices to potentially review Trump’s use of the law in full.

CNN crime and justice correspondent Katelyn Polantz reports. #CNN #News

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President Donald TrumpsAlien Enemies ActTexas LouisianaMississippi TheSupreme CourtKatelyn PolantzCNN News

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Federal appeals court says Trump unlawfully invoked the Alien Enemies Act for deportations · CNN · Sentinel