Posted on 06/30/2025 3:28:38 PM PDT by E. Pluribus Unum
WASHINGTON, June 30 (Reuters) - A federal appeals court heard oral arguments on Monday in what is likely to be a decisive lawsuit over whether President Donald Trump's administration can use an 18th-century law to speed up deportations.
The 5th U.S. Circuit Court of Appeals is weighing whether Venezuelan migrants being held at the Bluebonnet Detention Facility in Anson, Texas, can be deported under the Alien Enemies Act.
American Civil Liberties Union lawyer Lee Gelernt, arguing for the detainees, said the 1798 law was meant to be used during wartime, and "the government itself is saying we aren't in a military conflict" with Venezuela.
The Trump administration has said the detainees are members of Tren de Aragua, a violent Venezuelan gang. The ACLU has disputed the claims of gang membership and says many of its clients have legitimate asylum claims.
The 5th Circuit, an intermediate appeals court based in New Orleans, has a reputation as one of the most conservative in the country.
In a March 14 proclamation, Trump said he would use the Act to swiftly detain and deport members of Tren de Aragua. Trump asserted that the gang is a state-sponsored international terrorist organization that has invaded United States territory.
The 1798 law has historically only been used in wartime, and is best known for its use to intern Japanese, Italian and German immigrants during World War Two.
The Supreme Court ruled in April that challenges to removal under the law must be brought in the federal judicial districts where detainees are being held.
The court said it was not resolving the validity of the administration's reliance on that law to carry out the deportations.
Since then, challenges to the president’s invocation of the Alien Enemies Act have been unfolding in courts across the country, and several judges have blocked deportations...
(Excerpt) Read more at reuters.com ...
I don’t believe we were in a declared war in 1798. Frankly, by some standards we have been constantly in several low level wars for the last 20+ years, and I mean besides Iraq and Afghanistan.
ACLU? Change your bleeping name to VCLU, you traitors!
I am bemused that the MSM and Dems (same thing really) keep toting out “18th century law”. So is the Constitution. But hey they hate that too.
Last time I check it was 305 to 310 and just 4 years of Biden we are up to 40???
Google is saying 15 years ago it was 310 million. No it was not! I am certain of that! It was just a few years ago it was 310 at most!
Look at this....
“American Civil Liberties Union lawyer Lee Gelernt, arguing for the detainees, said the 1798 law was meant to be used during wartime, and “the government itself is saying we aren’t in a military conflict” with Venezuela.”
We are in a era of non-state actors, and unflagged state actors who have the capacity to do great harm. We have militarily capable enemies within our borders.
We need tools like the Alien Enemies Act to deal with these threats quickly. Most are here illegally anyway.
My thoughts exactly.
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