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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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National Review broke the news in United States on Tuesday, March 25, 2025.
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