Overview
- In a 2-1 decision, the appeals panel granted a preliminary injunction blocking use of the Alien Enemies Act for removals in Texas, Louisiana and Mississippi.
- Judge Leslie Southwick, joined by Judge Irma Carrillo Ramirez, found no invasion or predatory incursion, while Judge Andrew Oldham dissented, arguing courts should not second‑guess the president.
- This is the first federal appeals court ruling on the March proclamation, and the administration is expected to seek U.S. Supreme Court review.
- The case was brought by detainees held at the Bluebonnet Detention Facility in Anson, Texas, represented by the ACLU, which disputes the government’s gang designations.
- The court said the government may pursue removals under other authorities and indicated seven days’ notice likely meets due‑process requirements, with that issue returning to the district court.