A federal judge expressed strong dissent when a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled on President Donald Trump’s use of wartime authority to deport individuals from Venezuela. The panel determined that the Alien Enemy Act of 1798 wasn’t meant to apply to criminal organizations like the Tren de Aragua Gang, a violent group based in Venezuela. Two judges, one appointed by President George W. Bush and the other by President Joe Biden, concluded that Trump’s claims regarding this gang did not align with the intent of Congress regarding national conflicts.
However, the third judge, Andrew Oldham, appointed by Trump himself, criticized the majority’s stance, stating it was unprecedented and went against over two centuries of legal precedent. He remarked that the majority’s handling of the situation was overly aggressive and undermined the jurisdiction of federal district judges.
The White House acknowledged Oldham’s dissent with approval, indicating plans to take the matter to the Supreme Court. A spokesman emphasized the president’s authority to conduct national security operations, including the deportation of individuals deemed as threats, which they argue includes members of Tren de Aragua.
Originating as a prison gang in Venezuela in 2013, Tren de Aragua has evolved into a major international crime syndicate with thousands of members worldwide. They have established themselves in the U.S. as well, reportedly engaging in criminal activities across at least 15 states. There have been calls for President Trump to designate the gang as a foreign terrorist organization to facilitate federal enforcement against them.
With around 8 million Venezuelans leaving their country under President Nicolás Maduro’s regime, many have entered the U.S. amid the ongoing border crisis. Some of these individuals are reportedly tied to violent activities linked to gangs. A leaked Department of Homeland Security report suggested that over 600 foreigners in the U.S. might have connections to Tren de Aragua.
Notably, members of this gang are implicated in various serious crimes, including a recent incident in Aurora, Colorado. On his return to office in January, Trump aimed to strengthen U.S.-Mexico border security and specifically target Gang members. In March, he enacted the Alien Enemy Act to allow for the expedited removal of gang affiliates from the U.S.
Recently, the Trump administration intensified its approach against Venezuelan gangs, launching airstrikes that resulted in the deaths of several gang members aboard a ship in the Caribbean. This marked a significant military action against the cartel since Trump resumed office.
However, challenges from opponents of Trump’s immigration enforcement have emerged, with litigation now reaching the Supreme Court. In an earlier ruling, the court temporarily allowed the deportation of Venezuelan gang members under the Alien Enemy Act, although it currently restricts Trump’s capacity to act swiftly.
Judge Oldham expressed concern that, historically, presidents have relied on this law without facing the scrutiny currently imposed on Trump. He argued that the rules seem to be applied differently for Trump, who is expected to provide exhaustive evidence before acting under this authority, which he views as a departure from established legal norms.
