Trump illegally invoked the Alien Enemies Act for migration enforctions, ruled a federal appeals court.
The Fifth US Circuit Court of Appeals has dealt another blow to President Trump's invocation of the 18th century Alien Enemies Act, blocking the use of the law to deport alleged Venezuelan gang members in Texas, Louisiana, and Mississippi.
In a unanimous decision, the court declared Trump's use of the act unlawful and violative of Congress' intent in passing the law. Judge James L. Dennis, representing the majority on the panel, argued that the administration's use of the Alien Enemies Act was unlawful, upholding the rule of law and reining in the administration's attempt to militarize immigration.
The ruling comes after Trump invoked the Alien Enemies Act, a wartime authority, since mid-March, sparking a series of legal challenges. The court concluded that a "predatory incursion" by members of the gang, Tren de Aragua, had not occurred, as Trump claimed as a reason for invoking the act.
The court also shot down Trump's claim that there was "predatory incursion" by the gang in the US, stating that the president incorrectly said that an "invasion" was occurring and warranted his use of the wartime authority.
Lee Gelernt, an attorney with the American Civil Liberties Union, stated that the appeals court correctly held that the administration's use of the Alien Enemies Act was unlawful. The New Orleans-based appeals court concluded that the government's decision to give migrants seven days' notice before removing them under the Alien Enemies Act "appears to comply with the Supreme Court's directive."
However, Judge Ramirez, an appointee of former President Joe Biden, argued in a partial dissent that "seven days' notice is not reasonably calculated, under all the circumstances, to afford detainees, especially those who are unrepresented, due process under the AEA." Ramirez further stated that "at least twenty-one days' notice is required."
The court's ruling is significant because it could potentially reach the Supreme Court for review of Trump's use of the 18th century law. The case was previously before the Supreme Court, where the high court paused Trump's use of the Alien Enemies Act for deportations in a specific judicial district.
The 5th Circuit ruling is the first time an appeals court has looked closely at the issue of Trump's use of the Alien Enemies Act to speed up deportations of alleged gang members. The story has been updated with additional details.
In a separate development, the court's decision also upholds that Trump's use of the Alien Enemies Act is unlawful and violates Congress' intent in passing the law. The case has been sent back to the Fifth Circuit to consider the migrants' claims that they weren't receiving sufficient notice of the administration's intent to deport them under the law.
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