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Reason
Reason
Ilya Somin

Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal

A prison guard transfers Alien Enemies Act deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador. Mar. 16, 2025 (El Salvador Presidential Press Office)

 

Yesterday, in W.M.M. v. Trump, the US Court of Appeals for the Fifth Circuit ruled that President Trump's invocation of the Alien Enemies Act of 1798 as a tool to deport Venezuelans is illegal. While multiple federal district courts have issued similar rulings, as have individual concurring opinions by judges on two other circuit courts, this is the first full-blown appellate court decision on the subject. It is therefore an important precedent. There is a lengthy 130 page dissenting opinion by Judge Andrew Oldham. But it's serious flaws merely confirm the weaknesses of the government's position.

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