Appeals Court: Trump Unlawfully Invoked Alien Enemies Act for Deportations
The Fifth US Circuit Court of Appeals ruled against President Trump’s use of the Alien Enemies Act to deport alleged Venezuelan gang members in Texas, Louisiana, and Mississippi, citing the act was improperly invoked. The court determined that Trump’s claims of a “predatory incursion” or “invasion” by the gang did not meet the criteria for using the wartime authority. This ruling, likely to reach the Supreme Court, represents the first appellate court to closely examine the issue. While the court found the notice period compliant, a dissenting judge argued the required seven-day notice did not sufficiently provide due process to unrepresented detainees.
John Q. Hosedrinker