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BumRushDaShow

(157,352 posts)
Tue Jul 1, 2025, 07:16 AM Jul 1

Appeals court hears arguments over Trump's invocation of Alien Enemies Act

Source: msn/ABC News

12h


A panel of judges at the 5th U.S. Circuit Court of Appeals, one of the country's more conservative courts, heard arguments Monday over whether the Trump administration can invoke the Alien Enemies Act to deport Venezuelan migrants it considers to be part of the Tren de Aragua criminal gang.

"This has been invoked three times only in major, major wars," argued ACLU attorney Lee Gelernt regarding the Alien Enemies Act, an 18th century wartime authority used to remove noncitizens with little-to-no due process. "The government is now suggesting you can invoke it with a gang."

The Trump administration touched off a legal battle in March when it invoked the Alien Enemies Act to deport two planeloads of alleged migrant gang members to the CECOT mega-prison in El Salvador by arguing that Tren de Aragua is a "hybrid criminal state" that is invading the United States.

In the multiple lawsuits the ACLU has helped bring against Trump's use of the AEA, the group has argued that the administration failed to prove that the presence of Tren de Aragua members amounts to a "predatory incursion" or a declared war as the text of the AEA outlines. "This was solely about war and serious military conflict at a size where we would respond with our military, and no one's suggesting that the military has or would respond here," Gelernt argued during Monday's hearing.

Read more: https://www.msn.com/en-us/news/world/appeals-court-hears-arguments-over-trumps-invocation-of-alien-enemies-act/ar-AA1HIoCI



5th Circuit.
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Appeals court hears arguments over Trump's invocation of Alien Enemies Act (Original Post) BumRushDaShow Jul 1 OP
The 5th. will give their blessing. sinkingfeeling Jul 1 #1
The judges are concerned about whether they have the power to rule against a president's invocation of the act? Native Jul 1 #2
Law is just Kabuki theater anymore Farmer-Rick Jul 1 #3

Native

(7,200 posts)
2. The judges are concerned about whether they have the power to rule against a president's invocation of the act?
Tue Jul 1, 2025, 09:07 AM
Jul 1

where would that leave us?

The judges, however, seemed most concerned about whether or not they had the power to rule against a president's invocation of the act.

"Can you give me a Supreme Court case where the Supreme Court has said you can, as a federal court, countermand the president of the United States in his determination that we're in an armed conflict?" one of the judges asked.

Farmer-Rick

(11,887 posts)
3. Law is just Kabuki theater anymore
Tue Jul 1, 2025, 09:54 AM
Jul 1

It's not like the kangaroo supreme court is gonna go against the little stupid Hitler they installed.

Law is just an enforcement technique to make sure the masses pay their debt and taxes. It's not justice or fair. It's all show and only results in tight fisted control of the majority of Americans.

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