Overview

• In a 2-1 decision, the 5th U.S. Circuit Court of Appeals granted a preliminary injunction halting Alien Enemies Act removals in Texas, Louisiana and Mississippi.
• Judge Leslie Southwick wrote the majority opinion joined by Judge Irma Carrillo Ramirez, while Judge Andrew Oldham dissented.
• The panel said mass illegal migration and alleged gang activity do not constitute an armed, organized force required to trigger the 1798 law.
• On the current record, the court upheld the administration’s seven-day notice to detainees, after the Supreme Court earlier faulted 24-hour notice.
• The ruling leaves other removal authorities available and is expected to be appealed to the full 5th Circuit or the U.S. Supreme Court.