Overview

• In a 2–1 ruling, Judges Leslie Southwick and Irma Carrillo Ramirez granted a preliminary injunction, with Judge Andrew Oldham dissenting.
• The court found the record does not show an “invasion” or “predatory incursion,” undermining the legal basis for using the 1798 wartime statute against alleged Tren de Aragua members.
• The decision is limited to the Alien Enemies Act within the Fifth Circuit, and the government may still seek removals under other lawful authorities.
• On the current record, the panel said the administration’s seven-day removal notice satisfies due-process timing, after the Supreme Court previously faulted a 24-hour notice.
• Next steps could include an appeal to the full Fifth Circuit or directly to the U.S. Supreme Court, following months of litigation that included March transfers to El Salvador’s CECOT prison and a July return of more than 250 migrants to Venezuela.