Trump Loses on Wartime Law Deportations at 5th Cir.: The Brief

Sept. 3, 2025, 6:09 PM UTC

THE QUESTION of whether President Donald Trump can deport alleged members of a violent Venezuelan gang using a two-century-old wartime law appears headed for a final showdown at the US Supreme Court after the Fifth Circuit ruled that the law wasn’t intended for that purpose, Erik Larson reports.

  • Trump can’t use the Alien Enemies Act of 1798 to deport accused members of the Tren de Aragua gang because their presence in the US doesn’t amount to an “invasion” or “predatory incursion” by a foreign nation, the conservative-leaning court said in a 2-1 decision late Tuesday. The ruling is a win ...

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