Overview

• On June 30, a three-judge panel of the 5th U.S. Circuit Court of Appeals heard arguments on the legality of President Trump’s March proclamation invoking the Alien Enemies Act against Tren de Aragua detainees.
• ACLU attorney Lee Gelernt argued the 1798 statute was intended for declared wars and that many detainees hold asylum claims and require more than seven days to contest their removal.
• Deputy Assistant Attorney General Drew Ensign told the court that the president is owed deference in foreign affairs and that the Act authorizes swift action against predatory incursions.
• The Supreme Court has twice paused deportations under the Act and directed lower courts to determine sufficient notice periods and address the core legality of Trump’s invocation.
• A decision by the conservative-leaning 5th Circuit could send the case to the Supreme Court for a full hearing on the unprecedented peacetime application of a wartime law.