Judicial Ruling

Fifth Circuit - Alien Enemies Act Ruled Improper (En Banc)

Fifth Circuit panel ruled 2-1 that the Alien Enemies Act was improperly invoked, finding conditions for invocation (invasion or predatory incursion by a foreign nation) were not met. Government's absurd position that even the Beatles' 'British Invasion' would qualify was highlighted. Full en banc hearing underway.

Appealed

Case Details

Fifth Circuit panel ruled 2-1 that the Alien Enemies Act was improperly invoked, finding conditions for invocation (invasion or predatory incursion by a foreign nation) were not met. Government's absurd position that even the Beatles' 'British Invasion' would qualify was highlighted. Full en banc hearing underway.

Date Filed

2025-09-05

Status

Appealed

Court

U.S. Court of Appeals, Fifth Circuit

Outcome

Panel ruled against government; en banc hearing pending

Related Executive Actions (1)

Alien Enemies Act Proclamation

Secretly signed March 14, invokes the 1798 Alien Enemies Act to authorize deportation of Venezuelans alleged to be members of Tren de Aragua gang to CECOT prison in El Salvador. Multiple federal courts ruled the invocation illegal, finding that gang activity does not constitute an 'invasion' or 'predatory incursion' within the meaning of the Act. 250+ men deported to CECOT.

Pending Litigation
ProclamationImmigration
Department of Homeland Security, Department of Justice
4 challenges2025-03-14

Plaintiffs / Parties

  • A.A.R.P.
  • W.M.M.
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