An appeals court blocked the use of the Alien Enemies Act to deport Venezuelan migrants. Earlier this year, President Trump used war-time powers to send more than 100 accused Venezuelan gang members to a prison in El Salvador. Camilo Montoya-Galvez has more.

Washington

A federal appeals court has ruled against the Trump administration's attempt to use the Alien Enemies Act of 1798 to deport Venezuelan migrants accused of gang affiliation. The court found that the administration's argument, which treated suspected gang members as wartime enemies, was not supported by evidence of a military invasion and could not bypass constitutional due process protections.

The ruling allows the government to continue deporting individuals under existing immigration laws, provided due process is observed. Over 100 Venezuelan migrants had previously been deported to El Salvador without due process and later returned to Venezuela. Meanwhile, Louisiana has converted part of the Angola prison into an immigration detention center, with capacity for hundreds of detainees.

Court blocks use of Alien Enemies Act to deport Venezuelan migrants

We begin tonight with a setback for the Trump administration's immigration crackdown. An appeals court blocked the use of the Alien Enemies Act to deport Venezuelan migrants. Earlier this year, President Trump used wartime powers to send more than 100 accused Venezuelan gang members to a prison in El Salvador without due process. CBS's Camila Montoya Galvez joins me now. So Camila, what exactly did the court say? Hi, John. The Alien Enemies Act of 1798, enacted just 22 years after the Declaration of Independence, had never before been used in a peacetime context until now. The Trump administration made this extraordinary legal argument that the criminal gang known as Tren de Agua from Venezuela was actively invading the U.S. and that suspected members of that criminal group should be summarily deported from the country and treated as wartime enemies of the state. But a federal court in New Orleans has categorically rejected that, saying that there is no invasion by this gang that does facilitate illegal immigration and crime, but not a military incursion into the country. Importantly, the panel of judges did say the administration can very well use existing immigration law to deport people who are here illegally, including gang members, but that importantly requires some degree of due process. Guaranteed in the Constitution. So what happens if somebody's already been deported? Well, some people already have. We deported, the U.S. did, more than 100 suspected Venezuelan gang members to a notorious mega-prison known as Secot in El Salvador. Those people were not given due process before being deported and branded as Tren de Agua gang members. They have since been returned to Venezuela as part of a prisoner swap. But there's a separate court case as to whether or not they should be allowed to come back to the U.S. legally to plead their case here on American soil. So we go from prisons out of the United States to one inside the United States. Tell me, you have some reporting about one in Louisiana, a very famous one, and its role in immigration. Yes. Louisiana has become the latest state to aid the Trump administration's mass deportation effort by allowing a state facility to be converted into an immigration detention center. It has converted a section of the notorious and infamous Angola prison, a maximum security site in that state, into an immigration detention center. Homeland Security officials tell me there are currently five, 51 rather, detainees there in ICE custody, and the facility will be able to house as many as 416 detainees facing deportation from the U.S. And very quickly, where will those deportees come from? Anywhere in the United States, just as a part of the regular roundup? According to the Homeland Security Department, they will be the worst of the worst criminal offenders who are also in the U.S. illegally. But that has not always been the case, so we're going to look into that as well. John. Camilo Montague-Avez, thank you so much.

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