5th Circuit Weighs Trump’s Use of Alien Enemies Act to Carry Out Deportations
TEXAS AND NEW ORLEANS, LOUISIANA, UNITED STATES, JUL 1 – The 5th Circuit Court weighs the legality of using a 227-year-old wartime law to deport 137 alleged Venezuelan gang members amid ongoing legal challenges.
- On June 30, the Fifth U.S. Circuit Court of Appeals heard arguments on Trump’s use of the 1798 Alien Enemies Act to deport Tren de Aragua members, with judges appearing skeptical.
- In March, Trump declared Tren de Aragua a terrorist group and invoked the Alien Enemies Act to deport over 200 members to El Salvador’s CECOT prison, sparking legal challenges.
- More than 200 detainees were flown to a Salvadoran prison in March, with judicial scrutiny over the invasion trigger used for deportations.
- Following the Supreme Court’s April order, detainees have seven days to contest gang membership, ensuring limited due process protections amid ongoing litigation.
- If the Fifth Circuit rules against the ACLU, Trump could deploy the Alien Enemies Act nationwide, potentially influencing immigration enforcement broadly, pending Supreme Court review.
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Federal appeals court judges appear skeptical of arguments against Trump’s use of Alien Enemies Act
A pair of judges on a federal appeals court panel appeared skeptical on Monday of arguments against President Trump’s use of the 1798 Alien Enemies Act to swiftly deport suspected Venezuelan gang members.

Appeals court appears skeptical of challenge to Trump’s Alien Enemies Act proclamation
A federal appeals court appeared skeptical on Monday of lawyers challenging President Donald Trump‘s use of the Alien Enemies Act, as his reliance on the 18th-century law appears increasingly poised to reach the Supreme Court. During a hearing in a…
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