Trump's 1798 Deportation Fail: Venezuelans Not Invading, Court Says
In an epic courtroom drama set in New Orleans (because why not?), the 5th U.S. Circuit Court of Appeals delivered a 2-1 smackdown on Trump's 2025 attempt to use the Alien Enemies Act of 1798 against Venezuelans allegedly linked to Tren de Aragua gangs. Judge Leslie Southwick, appointed during George W. Bush's era, read the modern migration tea leaves and decided mass illegal crossings are sadly not 'an armed, organized invasion.' Biden's Judge Irma Carrillo Ramirez nodded in agreement, while Trump's Judge Andrew Oldham threw a dissent tantrum. Meanwhile, the ACLU's Anand Balakrishnan flexed his legal muscles to defend due process, reminding everyone that deportations aren't a late-18th century war game. A thrilling saga where centuries-old laws meet modern immigration headaches and legal drama outpaces political proclamation.
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Using a 225-year-old law to deport Venezuelans because of 'mass illegal migration' sounds like showing up to a laptop fight with a flip phone. Spoiler: The court wasnât impressed by this historical cosplay.
Invoking the Alien Enemies Act of 1798 to fast-track deportations? Next, theyâll be using carrier pigeons to file appeals.
Trumpâs legal team dusted off a 1798 law expecting a gang invasion; court politely said, 'No, thatâs just people, not an army.'
Source: Axios | Published: 9/3/2025 | Author: Rebecca Falconer
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