The NPR Politics Podcast Court Says Trump Can’t Use 18th-Century Law To Deport Venezuelan Immigrants
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Sep 4, 2025 A recent ruling halted the Trump administration's use of the Alien Enemies Act to deport Venezuelan immigrants without due process. The implications for immigration law are significant, with the court questioning the legality of rapid deportations. There's also discussion about the controversial use of military lawyers as immigration judges, highlighting the complexities of judicial roles. This strategic shift towards enforcement over due process raises alarms about expanding executive power and its impact on immigration policies.
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Alien Enemies Act Used As Fast Deportation Tool
- The administration invoked the 18th-century Alien Enemies Act to fast-track deportations of Venezuelans tied to the Tren de Aragua gang.
- The claim ties the gang's U.S. activity to the Maduro regime but courts have pushed back on that invasion framing.
Early Deportation Flights To El Salvador
- After the proclamation, three planes carried over 200 men out of the U.S., many sent to El Salvador's notorious Sancot prison.
- They remained weeks there until a prisoner swap returned some to Venezuela.
Law Sidesteps Normal Immigration Process
- The Alien Enemies Act bypasses normal immigration court processes and can remove due process for non-border arrivals.
- A Fifth Circuit panel has blocked its use in Texas, Mississippi, and Louisiana, limiting regional application.