Overview

• In a 2-1 decision, the court found the administration failed to show an “invasion or predatory incursion,” concluding the 1798 statute was improperly invoked against alleged members of Tren de Aragua.
• Judges Leslie Southwick and Irma Carrillo Ramirez formed the majority, while Judge Andrew Oldham dissented and argued courts should not second‑guess presidential foreign‑affairs determinations.
• The injunction bars use of the Alien Enemies Act for deportations in Texas, Louisiana and Mississippi, but the government may still pursue removals under other immigration laws.
• On due process, the majority said the government’s seven‑day notice now given to detainees is adequate on the current record; Judge Ramirez would require more time, suggesting a 21‑day window.
• Trump invoked the statute in March and deported detainees to El Salvador’s CECOT prison, and more than 250 were later returned to Venezuela under a separate July arrangement; the administration can seek rehearing or appeal to the Supreme Court.