A US federal appeals court has frozen President Donald Trump’s ability to invoke the “Alien Enemies” Act, a law enacted in 1798 and primarily used during the World Wars to deport alleged members of a Venezuelan gang.

The US president relied on this law, which is supposed to be used only in exceptional circumstances, last March when his administration deported about 200 individuals to El Salvador, claiming they were members of the “Tren de Aragua” gang.

A federal judge had temporarily suspended deportations based on this law, which had previously been used only in wartime cases, notably against Japanese and German nationals on US soil during World War II.

Vote Outcome

On Tuesday, the US Fifth Circuit Court of Appeals ruled by a 2-1 vote that Donald Trump cannot rely on this law to deport immigrants from Texas, Louisiana, and Mississippi.

Judge Leslie Southwick stated, “The findings do not indicate an invasion or incursion. We therefore conclude that the petitioners may be able to prove that the law was improperly applied.”

This law allows the government to detain and deport alien enemies during times of war or “invasion or incursion,” the court noted.

Judge Southwick ordered a freeze on deportations. However, another judge on the court disagreed, considering that deciding the conditions for applying this law “has a political character.” The repercussions of this case are expected to reach the US Supreme Court.

During his election campaign, Donald Trump pledged to deport millions of undocumented immigrants and has issued several executive orders on the matter since taking office.