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Appeals court rules Trump can’t use Alien Enemies Act to swiftly deport Venezuelans
The Hill ^

Posted on 09/03/2025 5:49:24 AM PDT by TigerClaws

A federal appeals court late Tuesday ruled President Trump can’t invoke a wartime law to swiftly deport alleged Venezuelan gang members, a key legal tool the administration has used to implement its immigration crackdown.

Trump first invoked the 1798 Alien Enemies Act in March to remove Venezuelans the administration accuses of being members of the Tren de Aragua gang.

Tuesday’s ruling blocks Trump from using the law against migrants detained in northern parts of Texas, and the battle could now return to the Supreme Court.

The divided 5th U.S. Circuit Court of Appeals panel found no “invasion” or “predatory incursion” by a foreign nation, the required criteria for the president to summarily deport migrants under the rarely used statute.

“We accept the finding that drug-trafficking is being used as a weapon, but we hold it is not within even an updated meaning of invasion or predatory incursion,” wrote U.S. Circuit Judge Leslie Southwick.

The Hill on NewsNation 9/2/2025

“The completely accurate implication of this finding is that drugs are a scourge and weaken our citizens and our country, but it is not beyond reason that in 1798 an enemy country could try to sicken and physically weaken those within the United States,” Southwick continued. “That would not have been an invasion or predatory incursion then, and it is not one today.”

Southwick is a nominee of former President George W. Bush. U.S. Circuit Judge Irma Carrillo Ramirez, an appointee of former President Biden, agreed the president improperly invoked the law over the dissent of U.S. Circuit Judge Andrew Oldham, a Trump appointee.


TOPICS: Crime/Corruption; Foreign Affairs; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: andrewoldham; autopenjoestooge; captainobvious; carteljudges; deportramirez; dontdeportshoot; enemieslist; enemyjudges; irmacarrilloramirez; judgewatch; lesliesouthwick; mexicanjudge; migration; revokehercitizenship; sedition; shootcartelthugs; smirkingchimpstooge; stoogewatch; thereisnoinvasion; treason; trendearaguacircuit; trendearaguastooges; trumpjudge
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1 posted on 09/03/2025 5:49:24 AM PDT by TigerClaws
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To: TigerClaws

5th U.S. Circuit Court of Appeals has become Tren de Aragua gang’s best friend.....


2 posted on 09/03/2025 5:54:55 AM PDT by JBW1949 (I'm really PC.....Patriotically Correct)
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To: TigerClaws

5th U.S. Circuit Court of Appeals has become Tren de Aragua gang’s best friend.....


3 posted on 09/03/2025 5:54:55 AM PDT by JBW1949 (I'm really PC.....Patriotically Correct)
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To: TigerClaws

Plan B: They were reaching for their waistbands when shot.


4 posted on 09/03/2025 5:55:30 AM PDT by Chewbarkah
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To: TigerClaws

Should the marines on those ships be put to use? Our history would suggest that it isn’t too popular but Trump is riding on a populist wave that’s catching on. It could be a response to Chicom encroachment.

Would the Venezuelan military put up a fight?


5 posted on 09/03/2025 5:56:13 AM PDT by DIRTYSECRET
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To: Chewbarkah

Biden’s open border is costing taxpayers billions to fix, what an a hole he was.


6 posted on 09/03/2025 5:57:19 AM PDT by 1Old Pro
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To: TigerClaws
The Fifth Circuit is probably the most conservative federal appeals court as well.

This was only the three-judge panel. I can't imagine an en banc hearing would be denied in a case of this magnitude.

7 posted on 09/03/2025 5:57:59 AM PDT by hcmama
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To: TigerClaws

Another Feral Circus Court peeing on the U.S. Constitution. They don’t consider millions of Venezuelan criminals illegal entering the U.S., AN INVASION. If I were President, I’d have every Feral “judgee” piss tested for drugs weekly. Twice weekly if they don’t know the definition of INVASION.


8 posted on 09/03/2025 5:59:37 AM PDT by FlingWingFlyer (Is this damn country so hard up for Judges that we have to hire Sparkle Sookananan from Trinidad?)
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To: TigerClaws

put them in a boat... let the cocaine shark-nados have them.


9 posted on 09/03/2025 6:15:52 AM PDT by j_guru
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To: TigerClaws

I would settle for a really Big Beautiful Slingshot. Televised.


10 posted on 09/03/2025 6:19:05 AM PDT by j_guru
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To: TigerClaws

What about deporting the illegals because they illegally entered the country. That used to be standard procedure.


11 posted on 09/03/2025 6:22:36 AM PDT by odawg
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To: DIRTYSECRET

Of course they will; we should go after the Americans who launder the money first but it is very profitable to for the politicans support this middle man operation.

There are now 2,000 drones in Venezula compliments of Russia. I am sure that we have to find and destroy these weapons least they be turned on US forces operating against VN.

There is a processing plant in Canada for VN oil sitting idle right now. There is a lot of political pressure to capture the VN Oil for North American use, lest it end up in China.

The world is changing fast. Tjhe US has the ships. The Chinese have, because of the USN, build their belts and road initiative which spans all the way to EUrope’s eastern fringes and S.Africa. The flow of goods and energy, the new oli lines and infrastructure between China/Iran and China/Russia and the linkage of all Africa to Russian markets via rail is why Brics must be stopped by Trump.

The Trade War is becoming a shooting war.

Trump is justifying military action to augment his TRADE WAR.

We are trying ot prevent VN from becoming another Chinese/Russian “Cuba” according to Trump and the State Department - it is more about Oil than Gangs and Drugs.

US Senators and Congressmen from the DNC along with major EUropean politicians were all in a drug dealer’s phone - over 200 names of prominent western officials - engaged in facilitating the drug trade. It runs right thru Guyana to Africa then up to Casa Blanka or thru Algiers into Spain and /or Italy Greece or into the middle east before Russia; this one “drug trade route” that has many groups from different coutnries providing the transport thru Africa.

The Drung Trade only exists because Politicaans are atop the control structure over law enforcement - thus if they are bought, and they are to a large degree everywhere, to include your state and city area.

Trump has to break the Banks in order to break the Drug Trade. Gun Boat diplomacy as a part of his trade war is not going to stop it.

VN does not grow much if any coca; they are just another middle man country. America is literally running the Drug Trade out of Columbia if everything is the same as in the 80s and 90s.

From what I know about the State Department, we had a directorate dedicated to just Drugs. International Narcotics is part of their name, and they handle the diplomatic side of the Drug War or Drug Trade;)


12 posted on 09/03/2025 6:25:45 AM PDT by Jumper
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To: hcmama; TigerClaws

Yes, with a 12 to 5 split in R appointed active judges, it should easily be overturned en banc.


13 posted on 09/03/2025 6:28:46 AM PDT by LibertyOh
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To: LibertyOh

Don’t bet on it. A lot of laws and opinions since the “invasion” statute was written.


14 posted on 09/03/2025 6:33:09 AM PDT by Oystir ( )
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To: TigerClaws

GET THESE FING PEOPLE THE HELL OUT OF THE UNITED STATES, PERIOD!


15 posted on 09/03/2025 6:35:43 AM PDT by Democrat = party of treason
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To: TigerClaws

To the bleating leftists, THIS is a constitutional crisis.


16 posted on 09/03/2025 6:36:26 AM PDT by No Party Affiliation
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To: No Party Affiliation

An appeals court packed with Biden appointed judges. That’s why they rushed to get so many confirmed before Jill took sleepy Joe by the hand and led him out of the White House. And the republicans let them.


17 posted on 09/03/2025 6:39:53 AM PDT by pawpawrick (I had a life once but my job ate it)
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To: TigerClaws

LOL - and just yesterday, our military engaged and destroyed a Tren de Aragua drug running boat, with a missile. Sure seems like an enemy and a type of war to me, just saying.


18 posted on 09/03/2025 6:57:04 AM PDT by rigelkentaurus
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To: TigerClaws

I say he can. He’s the CINC. He is the Chief Executive. These people are smoking their socks.

Let’s put it to a vote. A referendum.

Then we’ll see how wedded all these pole smokers are to “precious democracy”, eh?


19 posted on 09/03/2025 7:01:33 AM PDT by Freedom4US
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To: TigerClaws

Love the timing of these Judicial Coup Branch members ruling compared to the video of the missile strike on the narcoterrorist speed boat.


20 posted on 09/03/2025 7:07:54 AM PDT by delchiante
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