Overview

• On June 30, the 5th U.S. Circuit Court of Appeals heard arguments challenging President Trump’s March 14 proclamation invoking the Alien Enemies Act to deport alleged members of Venezuela’s Tren de Aragua gang.
• Panelists probed the scope of the 1798 law and asked if courts can override the president’s determination that an “invasion” or “predatory incursion” has occurred.
• The administration defended a seven-day notice period for detainees to contest their deportations while the ACLU argued many lack criminal records and require at least 30 days to prepare their defenses.
• Lower federal courts have issued conflicting rulings on the peacetime application of the Act and on due process safeguards, creating a split that is moving toward the Supreme Court.
• Human rights advocates warn that deportations to El Salvador’s CECOT prison risk harming migrants who may hold legal status or lack verified ties to the gang.