Overview
- The full Fifth Circuit heard the appeal en banc in New Orleans and took the case under advisement after pointed questions about presidential power and the law’s reach.
- Chief Judge Jennifer Walker Elrod floated a tongue‑in‑cheek “British invasion” hypothetical, and DOJ lawyer Drew Ensign replied that courts could not block a presidential invocation under the statute.
- Ensign argued that Tren de Aragua’s conduct constitutes a “predatory incursion,” a threshold he said is below invasion, and urged courts to grant extreme deference to the president.
- The Justice Department cited murders, kidnappings, rapes, and building takeovers and asserted ties to Nicolás Maduro’s government, claims the ACLU disputes and some analysts have questioned.
- Earlier decisions by a three‑judge Fifth Circuit panel and multiple lower courts rejected using the law against a gang, and the Supreme Court previously required a reasonable chance to contest designations and temporarily halted removal flights, with further review seen as likely.