DNYUZ
  • Home
  • News
    • U.S.
    • World
    • Politics
    • Opinion
    • Business
    • Crime
    • Education
    • Environment
    • Science
  • Entertainment
    • Culture
    • Music
    • Movie
    • Television
    • Theater
    • Gaming
    • Sports
  • Tech
    • Apps
    • Autos
    • Gear
    • Mobile
    • Startup
  • Lifestyle
    • Arts
    • Fashion
    • Food
    • Health
    • Travel
No Result
View All Result
DNYUZ
No Result
View All Result
Home News

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

September 3, 2025
in News
Divided Fifth Circuit Blocks Trump’s Use of Alien Enemies Act for Deportations
493
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

A split three-judge panel has rejected President Donald Trump’s appeal that he can activate special deportation rules when the nation is being damaged by mass migration organized by foreign governments.

“A country’s encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States,” said two of the three judges in the U.S. Court of Appeals for the Fifth Circuit.

Trump says he can activate special deportation powers under the 1798 Alien Enemies Act (AEA) amid what he says is state-backed mass migration from Venezuela and other countries. The law enables that power during a formal military invasion or a loosely-organized “predatory incursion.”

More than 10 million illegal and quasi-legal migrants flooded into the United States under President Joe Biden. Trump’s promise to deport them was a central plank of his 2024 election campaign.

The final decision is expected to be made by the U.S. Supreme Court.

The third judge backed Trump’s claim and scoffed at the two judges’ dismissal of Trump’s argument:

Time and time and time again, the Supreme Court has instructed that the President’s declaration of an invasion, insurrection, or incursion is conclusive. Final. And completely beyond the second-guessing powers of unelected federal judges…

For President Trump, however, the rules are different. Today the majority holds that President Trump is just an ordinary civil litigant. His declaration of a predatory incursion is not conclusive. Far from it. Rather, President Trump must plead sufficient facts — as if he were some run-of-the-mill plaintiff in a breach-of-contract case — to convince a federal judge that he is entitled to relief.

That contravenes over 200 years of legal precedent. And it transmogrifies the least-dangerous branch into robed crusaders who get to playact as multitudinous Commanders in Chief.

The two judges who opposed Trump’s claim were appointed by President George W. Bush and President Joe Biden.

The third judge, Leslie Southwick, was also appointed by President George W. Bush.

The two-judge majority wrote:

The Government contends “the AEA grants the President a near ‘unlimited’ authority to identify and countermand foreign invasions or predatory incursions.” In its view, it is not for the courts to question the President’s assertion that the actions of TdA members constitute an invasion or predatory incursion by a foreign government.

…

Our understanding is that to some extent at least, the distinction between a predatory incursion and an invasion turns on the enemy’s objectives, something often unknowable but, also, largely irrelevant under the AEA.

“We have just held that there was no ‘invasion or predatory incursion,’ and therefore the AEA does not apply. Nonetheless, the Supreme Court remanded the case to this court to address all relevant issues,” the judges wrote.

Biden’s migrants have killed many Americans during crimes, driving accidents, and workplace errors.

The post Divided Fifth Circuit Blocks Trump’s Use of Alien Enemies Act for Deportations appeared first on Breitbart.

Tags: Alien Enemies ActDeportationIllegal immigrationimmigration lawU.S. Court of Appeals for the Fifth Circuit
Share197Tweet123Share
All international visitors to Jamaica are accounted for, the government said.
News

All international visitors to Jamaica are accounted for, the government said.

by New York Times
October 29, 2025

All 25,000 international visitors who remained in Jamaica while Hurricane Melissa made landfall were accounted for and in good health, ...

Read more
News

White House says South Korean shipbuilding giants are going to pour billions into reviving America’s shipbuilding industry

October 29, 2025
Economy

Chipmaker Nvidia hits $5 trillion valuation

October 29, 2025
News

Trump Foe Exposes Glaring Flaw That Could Sink Case Against Her

October 29, 2025
Asia

Yes Kings: Trump Becomes First President to Receive South Korea’s Highest Honor

October 29, 2025
North Korea says latest missile tests demonstrate new hypersonic systems

West Indies wins T20 series after beating Bangladesh by 14 runs in low-scoring affair

October 29, 2025
To Avert Crisis, Talladega College Sells Its Art Treasures

To Avert Crisis, Talladega College Sells Its Art Treasures

October 29, 2025
Photos show the catastrophic damage Hurricane Melissa wreaked on homes, businesses, and infrastructure across the Caribbean

Photos show the catastrophic damage Hurricane Melissa wreaked on homes, businesses, and infrastructure across the Caribbean

October 29, 2025

Copyright © 2025.

No Result
View All Result
  • Home
  • News
    • U.S.
    • World
    • Politics
    • Opinion
    • Business
    • Crime
    • Education
    • Environment
    • Science
  • Entertainment
    • Culture
    • Gaming
    • Music
    • Movie
    • Sports
    • Television
    • Theater
  • Tech
    • Apps
    • Autos
    • Gear
    • Mobile
    • Startup
  • Lifestyle
    • Arts
    • Fashion
    • Food
    • Health
    • Travel

Copyright © 2025.