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Aug 13, 2026

Appeals court dismisses challenge to Trump's use of Alien Enemies Act as moot after plaintiffs deported

The U.S. Court of Appeals for the Fifth Circuit dismissed a legal challenge to President Trump's use of the Alien Enemies Act to deport alleged Venezuelan gang members, ruling the case moot because the plaintiffs had already been deported. The court avoided making a substantive ruling on the controversial use of the wartime law.

Aug 13, 2026·3 sources
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Top claims

  • ▪Judge James Ho argued in a concurring opinion that the court should have ruled on the merits, asserting the president is entitled to absolute deference in determining whether an invasion has occurred.
  • ▪In September 2025, a three-judge panel of the Fifth Circuit ruled against Donald Trump, holding that illegal migration and drug smuggling do not qualify as an invasion under the Alien Enemies Act.
  • ▪In May 2025, the Supreme Court ruled that the Trump administration failed to provide targeted Venezuelan migrants with sufficient time or information to contest their removals under the Alien Enemies Act.

People involved

Donald Trump

Subtopics

Venezuela-United States relationsDeportation policy

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