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.