Appeals court rules key Alien Enemies Act lawsuit moot
The ruling leaves unresolved whether the Alien Enemies Act can be used for peacetime deportations after all three plaintiffs were removed under other laws.
- On Thursday, the en banc U.S. Court of Appeals for the Fifth Circuit dismissed W.M.M. v. Trump as moot after the administration deported all three named plaintiffs using separate legal authorities.
- The litigation challenged President Donald Trump's use of the 1798 Alien Enemies Act to deport alleged Venezuelan members of the Tren de Aragua gang, a statute permitting deportation only during declared wars or an 'invasion' or 'predatory incursion.'
- During en banc oral arguments, Department of Justice attorney Drew Ensign admitted the administration's broad interpretation could theoretically allow the president to invoke the act against the 'British Invasion' of rock stars like The Beatles.
- The dismissal presumably vacates the earlier panel opinion that had ruled the administration's use of the act illegal, leaving the central legal question regarding executive authority unresolved.
- Judge Jennifer Walker Elrod characterized the deportations as rendering the case moot, while Judge James Ho argued in concurrence that the court should have decided the merits and that the president deserves absolute deference when determining an 'invasion' has occurred.
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38 Articles
Associated Press News
Appeals court sides with Trump in fight over subpoena of gender-affirming care provider
A federal appeals court says President Donald Trump’s goal of ending gender-affirming care is not improper and cannot be the basis for quashing a subpoena.
Lewiston Sun Journal
New England appeals court upholds decision granting immigrants the right to bond hearings
The 1st U.S. Circuit Court of Appeals upheld a lower court's decision, finding the federal government was misinterpreting immigration law.
The decision avoids resolving whether Trump can apply a 1798 war law to expel Venezuelans accused of belonging to gangs
Appeals Court Sidesteps Ruling on Legality of Trump’s Alien Enemies Act Invocation
A federal appeals court on Aug. 13 dismissed a major challenge to President Donald Trump’s use of the Alien Enemies Act, ruling that the appeal had become moot after the government deported the three plaintiffs using ordinary immigration law. The U.S. Court of Appeals for the Fifth Circuit’s decision effectively ducked the core legal question. By dismissing the appeal as moot, or legally irrelevant, on procedural grounds, the court avoided rulin…
Court Tosses Challenge To 1798 Alien Enemies Act After All Three Detainees Are Deported - Tampa Free Press
A federal appeals court has thrown out a major lawsuit challenging the government’s use of the historic Alien Enemies Act of 1798. The court ruled that the case can no longer move forward because the three men who brought the lawsuit have already been deported from the United States. The full U.S. Court of Appeals […] Court Tosses Challenge To 1798 Alien Enemies Act After All Three Detainees Are Deported
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