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5th Circuit Weighs Trump’s Alien Enemies Act Use Against Venezuelan Gang

A 5th Circuit decision on notice requirements for detainees could determine if the case reaches the Supreme Court.

Venezuelan migrants react after arriving on a deportation flight from the United States at Simon Bolivar International Airport, in Maiquetia, Venezuela May 9, 2025. REUTERS/Leonardo Fernandez Viloria/File Photo
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President Donald Trump speaks with reporters as White House Deputy Chief of Staff Stephen Miller listens before departing the White House on his way to attend the G7 Summit in Canada, Sunday, June 15, 2025, in Washington. (AP Photo/Manuel Balce Ceneta)
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Overview

  • The 5th U.S. Circuit Court of Appeals began hearing oral arguments on June 30 over President Trump’s proclamation that invoked the Alien Enemies Act to remove alleged members of Venezuela’s Tren de Aragua.
  • Federal district courts in New York, Colorado and Texas have blocked deportations under the Act pending due process reviews, and the Supreme Court has placed stays while remanding the case.
  • The administration portrays the group as a state-sponsored terrorist threat equivalent to an incursion, but the ACLU contests members’ gang ties and argues many have valid asylum claims.
  • The 1798 statute authorizes wartime detention and expatriation only during declared wars or invasions and had not been applied during peacetime before this action.
  • The conservative-leaning 5th Circuit’s forthcoming ruling is expected to determine whether the Supreme Court will decide the broader constitutional disputes over executive authority and due process.