#BREAKING: 5th Circuit holds that Trump's invocation of the Alien Enemies Act against Tren de Aragua is unlawful

[In It to Win It]

#BREAKING: Fifth Circuit (Southwick & Ramirez, JJ.) holds that President Trump’s invocation of the Alien Enemies Act against Tren de Aragua is unlawful, and blocks AEA removals in the Northern District of Texas (over a lengthy dissent from Judge Oldham):

www.ca5.uscourts.gov/opinions/pub...

— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-03T02:28:48.200Z

A different majority (Southwick & Oldham, over Ramirez’s dissent) holds that the notice currently provided to AEA detainees satisfies due process—which doesn’t matter that much if they can’t be lawfully removed under the statute.

— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-03T02:31:56.177Z

This obviously won’t be the last word here. The question to me is just whether DOJ goes straight to #SCOTUS or seeks rehearing en banc from the Fifth Circuit first.

— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-03T02:32:45.496Z

And as a reminder, this ruling has no immediate effect because #SCOTUS *already* blocked any AEA removals from the Northern District of Texas back in May.

— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-03T02:35:24.620Z