What's happened
The full 5th U.S. Circuit Court of Appeals is examining whether the government can invoke the Alien Enemies Act of 1798 against a Venezuelan gang, Tren de Aragua, in a case that questions presidential power over foreign threats. The decision may reach the Supreme Court.
What's behind the headline?
The debate over the Alien Enemies Act highlights the tension between executive power and judicial oversight. The full 5th Circuit's hearing underscores the court's cautious approach to wartime laws applied in modern contexts. Assistant Attorney General Drew Ensign's assertion that the president's declaration of threat should be accepted without judicial second-guessing signals a push toward broad executive authority. Conversely, critics argue that using a wartime law against criminal gangs stretches its original intent and risks unchecked presidential power. The case foreshadows a likely Supreme Court ruling that will clarify the limits of presidential authority in national security and immigration enforcement. This legal battle reflects broader concerns about the erosion of checks and balances amid evolving security threats, with potential implications for future executive actions.
What the papers say
The Independent reports that the full 5th Circuit Court of Appeals is examining whether the government can invoke the Alien Enemies Act against a Venezuelan gang, with a government attorney asserting the president's power to do so. The New York Times details the court's hearing, noting the legal challenge to Trump's use of the law and the potential for Supreme Court review. Both sources highlight the ongoing legal debate over presidential authority and the application of wartime laws in contemporary security issues, with The Independent emphasizing the court's conservative composition and the political nature of foreign affairs questions.
How we got here
The case stems from the Trump administration's attempt to use the Alien Enemies Act to target the Venezuelan gang Tren de Aragua, which a lower court ruled was inappropriate as the law is meant for wartime threats. The law has only been invoked three times in U.S. history, during major wars. The administration's appeal seeks to expand the law's application to criminal gangs, raising questions about presidential authority in foreign and security matters. The Supreme Court has previously weighed in on related issues, halting deportation flights under the act and requiring fair legal procedures.
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Donald John Trump is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
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Tren de Aragua is a transnational criminal organization from Venezuela. It is believed to have over 5,000 members. Tren de Aragua is led by Héctor Rusthenford Guerrero Flores, alias "Niño Guerrero"; he was incarcerated in Tocorón prison, which function
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Jennifer Walker Elrod is a United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit.
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The United States of America, commonly known as the United States or America, is a country mostly located in central North America, between Canada and Mexico.
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Venezuela, officially the Bolivarian Republic of Venezuela, is a country on the northern coast of South America, consisting of a continental landmass and many small islands and islets in the Caribbean Sea.