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The Latest Breaking News from AEA

Could the President Invoke the Alien Enemies Act in Response to the "British Invasion" of Rock Stars Like the Beatles?

In a crucial appellate court oral argument, the Trump Administration admits that their position says the answer is "yes." The exchange highlights the dangers of judicial deference on judicial invocation of extraordinary emergency powers.

Reason

3 Areas Where the Courts Pushed Back Against Trump's Attempts To Avoid Judicial Review in 2025

The president asserted broad powers to deport people, impose tariffs, and deploy the National Guard based on his own unilateral determinations.

Reason

The Alien Enemies Act and the Major Questions Doctrine

The Trump administration's claims that illegal migration and drug smuggling qualify as an "invasion" or a "predatory incursion" under the Alien Enemies Act go against the major questions doctrine.

Reason

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

The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.

Reason

The 5th Circuit Rejects Trump's Invocation of the Alien Enemies Act

The appeals court blocked the removal of alleged Venezuelan gang members under that law "because we find no invasion or predatory incursion."

Reason

Google has turned 2 billion smartphones into a global earthquake warning system — it's as effective as seismometers, tests show

Google's earthquake early-warning system has used phone accelerometers on Android devices to increase quake alerts by tenfold across 98 countries.

LiveScience

Judicial Nominee Emil Bove Can't Recall Whether He Said the DOJ Might Say 'Fuck You' To Court Orders

The alleged incident goes to the heart of the objections raised by critics who worry about Bove's respect for the rule of law.

Reason

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Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'

The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.

Reason

A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process

Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."

Reason

The Case Against Judicial Deference to Executive Branch "Factual" Determinations in Alien Enemies Act Cases

Legal scholar Rebecca Ingber offers some strong arguments against deference in this context.

Reason

Report: 50 Venezuelans Sent to Salvadoran Prison Entered the U.S. Legally, Contrary to White House Claims

"It's not just one or two administrative errors," says the Cato Institute's David Bier.

Reason

Most Migrants Deported to Imprisonment in El Salvador Under the Alien Enemies Act Had no Criminal Record and Many had Entered the US Legally

A new Cato Institute study by David Bier presents the most extensive available evidence on these points.

Reason

Fourth Circuit Rules Against Trump Administration in Alien Enemies Act Case

In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.

Reason

Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation

Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.

Reason

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Reason

Supreme Court Issues Ruling Temporarily Blocking Alien Enemies Act Deportations

The ruling held that migrants detained under AEA had not been given adequate notice of their potential deportation. It also reflects the Court's growing distrust of the Trump Administration.

International Business Times

US Supreme Court Blocks Trump Bid To Resume Venezuelan Deportations

The US Supreme Court on Friday blocked a bid by the Trump administration to resume deportations of alleged Venezuelan gang members using an obscure wartime law, saying they were not being given enough time to legally contest their removal.

Reason

Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act

A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.

Reason

Trump (Partially) Wins an Alien Enemies Act Case

In a badly flawed decision, a federal district court ruled that Trump can invoke the AEA because the Tren de Aragua drug gang's activities amount to a "predatory incursion."

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We Got This Covered

‘This case poses significant issues’: Judge OKs Trump’s use of Alien Enemies Act to deport Venezuelans, defying other courts

There are a lot of strings attached.

Reason

Colorado Federal District Court Issues Additional Alien Enemies Act Ruling Against Trump

The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.

Reason

Yet Another Federal Court Rules Against Trump in an Alien Enemies Act Case

The Southern District of New York rules Trump invoked the Act illegally, because there is no "invasion" or "predatory incursion."

Reason

Federal Court Issues Two Important Rulings Against Trump in Alien Enemies Act Case

Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.

Reason

Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'

A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.

Reason

Alito and Thomas May Trust Trump To Follow a Court Order, but Gorsuch, Kavanaugh, and Barrett Seemingly Do Not

Understanding the Supreme Court's unusual late-night ruling against the Trump administration

Reason

Supreme Court Issues Unusual Order in Alien Enemies Act Deportation Case

The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.

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