Particle.news

Download on the App Store

Fifth Circuit Blocks Trump’s Use of Alien Enemies Act for Venezuelan Deportations

The court ruled the 1798 law’s “invasion or predatory incursion” trigger was not satisfied by allegations tied to Tren de Aragua.

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.