Federal Appeals Court Rules Trump’s Use of Alien Enemies Act for Deportations Was Unlawful | CNN Politics

A recent decision from the Fifth US Circuit Court of Appeals blocks President Donald Trump’s attempt to use the Alien Enemies Act for quick deportations of Venezuelan gang members. The ruling says this approach is unlawful, affecting actions in Texas, Louisiana, and Mississippi.

The court ruled 2-1 against Trump’s use of this 18th-century law, which he had not used since March due to ongoing legal challenges. The judges noted that there was no evidence of a “predatory incursion” by the gang Tren de Aragua that would justify such actions.

Judge Leslie Southwick emphasized that the claims made by Trump did not support the idea of an invasion, a key reason for invoking this wartime authority. “The findings do not support that an invasion or a predatory incursion has occurred,” he wrote.

Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), stated that the court rightfully called out the administration’s unusual use of the Alien Enemies Act. He believes this decision reinforces the rule of law in immigration matters.

The case has made headlines not just for its legal implications, but also because it sets the stage for a potential Supreme Court review. Earlier this year, the Supreme Court temporarily paused Trump’s use of the Act, asking the lower courts to explore claims that migrants weren’t given enough notice before deportations.

In the recent ruling, the court determined that the government’s notice period of seven days before deportations generally met the Supreme Court’s requirements. However, Judge Irma Carrillo Ramirez dissented, arguing that seven days is insufficient for unrepresented detainees to prepare their cases, suggesting at least a 21-day notice is necessary.

Moreover, other federal judges have ruled against Trump’s expedited deportations before, but this ruling marks a significant moment as it is the first detailed review from an appeals court. The ruling criticizes Trump’s portrayal of a gang “invasion,” as the Alien Enemies Act was designed for situations where the U.S. is at war or facing an actual threat.

This decision is important for immigration law and reflects ongoing tensions in U.S. politics. As discussions around immigration evolve, public opinion remains divided. Recent surveys show that a majority of Americans favor a more thorough vetting process for immigration applications, indicating broader concerns about border security and national safety.

In summary, the Fifth Circuit’s ruling not only halts Trump’s deportation plan but also highlights the importance of due process for migrants. It raises questions about how immigration laws from centuries ago are applied to modern challenges. This moment serves as a reminder of the balance between national security and the rights of individuals within the U.S. legal system.

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