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Fifth Circuit rejects Trump’s use of Alien Enemies Act to deport Venezuelans

Judge Leslie H. Southwick

Photo from White House Website

Jan Wolfe for Reuters reports that, in a 2-1 decision, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction blocking the Trump administration from removing a group of Venezuelans under the Alien Enemies Act of 1798.  Here is the opinion.  It is “the first federal appeals court to rule directly on a March 14 presidential proclamation invoking the 1798 law to justify rapid deportations.”

Appointed by President George W. Bush, Judge Leslie Southwick wrote for the two-judge majority rejecting the Trump administration’s assertion that the Venezuelan gang Tren de Aragua had engaged in a “predatory incursion” on U.S. soil.

KJ

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