A federal appeals court ruled late on Tuesday that the Trump administration cannot use the Alien Enemies Act to deport Venezuelan gang members, blocking a central part of the president’s strategy to combat Tren de Aragua.

President Donald Trump has relied on the 18th-century wartime law to deport alleged members of the gang. The ruling came as a surprise to many, given that the three-judge 5th U.S. Circuit Court of Appeals is one of the most conservative appeals courts in the U.S. The George W. Bush-appointed U.S. Circuit Judge Leslie Southwick and Joe Biden-appointed Irma Carrillo Ramirez ruled against Trump, while the Trump-appointed Andrew Oldham dissented.

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