A split three-judge panel has rejected President Donald Trump’s appeal that he can activate special deportation rules when the nation is being damaged by mass migration organized by foreign governments.

“A country’s encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States,” said two of the three judges in the U.S. Court of Appeals for the Fifth Circuit.

Trump says he can activate special deportation powers under the 1798 Alien Enemies Act (AEA) amid what he says is state-backed mass migration from Venezuela and other countries. The law enables that power during a formal military invasion or a loosely-organized “predatory incursion.”

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