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Fifth Circuit Blocks Trump’s 1798 Deportation Gambit as Caribbean Strike Heightens Venezuela Tensions

The panel rejected the administration’s invasion theory under the Alien Enemies Act, setting up the first appellate ruling on this policy for likely Supreme Court review.

Overview

  • By a 2–1 vote, the Fifth Circuit said the Alien Enemies Act applies to declared war or a true invasion and found the administration had not shown either, with Judge Andrew Oldham dissenting.
  • The decision binds Texas, Louisiana and Mississippi, and the ACLU—which argued the case—said the ruling curbs using a wartime statute to bypass peacetime immigration procedures.
  • The White House is expected to seek en banc rehearing or appeal to the Supreme Court after the panel blocked expedited removals of alleged Tren de Aragua members under the 1798 law.
  • Separately, U.S. forces destroyed a fast boat in international Caribbean waters that officials tied to Tren de Aragua, killing 11, and top officials said more anti-narcotics strikes could follow.
  • Caracas disputed the U.S. account and authenticity of the attack video, while a senior House Democrat and legal experts questioned the strike’s legal basis under international and U.S. law.