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The NPR Politics Podcast

Court Says Trump Can’t Use 18th-Century Law To Deport Venezuelan Immigrants

The NPR Politics Podcast

NPR

Politics, Daily News, News

4.524.9K Ratings

🗓️ 4 September 2025

⏱️ 16 minutes

🧾️ Download transcript

Summary

A federal appeals court ruled this week that the Trump administration may not use the Alien Enemies Act to deport Venezuelan immigrants without going through normal legal processes. We discuss the implications of that ruling and of the administration’s use of military lawyers as temporary immigration judges. 

This episode: politics correspondent Sarah McCammon, immigration policy reporter Ximena Bustillo, and White House correspondent Franco Ordoñez.

This podcast was produced by Casey Morell & Bria Suggs, and edited by Rachel Baye. Our executive producer is Muthoni Muturi.

Listen to every episode of the NPR Politics Podcast sponsor-free, unlock access to bonus episodes with more from the NPR Politics team, and support public media when you sign up for The NPR Politics Podcast+ at plus.npr.org/politics.

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Transcript

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0:00.0

Support for NPR and the following message come from the Kauffman Foundation,

0:04.8

providing access to opportunities that help people achieve financial stability,

0:09.2

upward mobility, and economic prosperity, regardless of race, gender, or geography.

0:14.4

Coffman.org

0:15.4

Hi, this is Eva from Long Island, and for the first time in three years of planting milkweed,

0:22.5

I am counting all the eggs and baby caterpillars that one day will become monarch butterflies.

0:27.8

This podcast was recorded at...

0:29.9

12.40 p.m. Eastern Time on Thursday, September 4th, 2025.

0:34.3

Things may have changed by the time you hear this, but hopefully I'll be counting

0:37.3

chrysalises and butterflies soon and wishing them well on their journey. Enjoy the show.

0:45.8

Ah, fly little butterflies. I think monarch butterflies are very beautiful. I dream to see

0:51.5

the migration. Hey there, it's the NPR Politics Podcast. I'm Sarah McCammon. I cover politics. I'm Hima Bustillo, and I cover immigration policy. And I'm Frank O'Donias. I cover the White House. Today on the podcast, a court has ruled that the Trump administration cannot use the Alien Enemies Act as a justification to deport Venezuelan immigrants. But let's back up for a second.

1:15.6

Franco, just remind us, if you would, what President Trump was trying to do when he invoked this act. I mean, it's basically a key part of his effort to carry out his promise of a mass deportation program that he talked about since his campaign.

1:26.5

It's basically an 18th century wartime law,

1:30.9

very obscure, called the Alien Enemies Act, to quickly deport large group of Venezuelans without

1:38.2

regular due process. It's actually a law that was used to justify the incarceration of

1:43.5

Japanese Americans, as well as Italian and German immigrants in World War II.

1:48.3

And now Trump is trying to use it to target Venezuelan streetgram called Trend de Aragua.

1:53.3

He claims that the gang is actually doing this irregular warfare in the United States at the direction of the Maduro regime, which, of course,

2:02.4

is the government of Venezuelan president Nicholas Maduro. But that claim of an invasion has

2:09.3

actually been pushed back by the courts. Yeah, we've talked a lot about this broader

2:12.9

immigration crackdown, but the invocation of this law is specifically focused on this Venezuelan gang.

...

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