Appeals court dismisses case challenging Alien Enemies Act, does not address question of Trump’s use of the wartime law
Appeals Court Dismisses Case Challenging Alien Enemies Act
Tyunews.com – An appeals court dismisses case challenging the Trump administration's use of the Alien Enemies Act for deportations. The U.S. Court of Appeals for the 5th Circuit issued its ruling on Thursday, explaining that all three plaintiffs who had contested the law's application were no longer in the United States. These individuals had been removed via separate immigration channels rather than through the controversial wartime statute.
"The Supreme Court remanded this case to us when the three named petitioners were still in the country. But we have since learned that the government has removed them. Given this change, we conclude that the appeal is moot," Chief Judge Jennifer Walker Elrod wrote for the court.
Background of the Deportation Dispute
The controversy originated in March 2025 when the administration moved to expel more than 100 Venezuelan nationals without following standard procedures. Among those sent abroad were seventeen suspected members of Venezuela's Tren de Aragua criminal organization alongside MS-13 affiliates. These individuals were transported to El Salvador on March 31, 2025, according to official records.
Writing for the full en banc court, Elrod clarified that the government had utilized the Immigration and Nationality Act to remove the three primary petitioners instead of the Alien Enemies Act. This 18th-century wartime power had last been invoked during World War II before its recent revival.
"Given the lack of any named petitioners to whom we could grant relief in this appeal, and given that this case has never and does not now feature any class, we conclude that the appeal is moot," Elrod stated.
Supreme Court Intervention and Ongoing Concerns
In May 2025, the Supreme Court determined that Venezuelan migrants facing deportation under the wartime authority had not received adequate time or information to challenge their removals. The high court temporarily extended its injunction preventing the administration from proceeding with these deportations while remanding the matter to the 5th Circuit.
The appellate court was asked to determine appropriate timeframes for detainees to contest their potential expulsion. By September 2025, a three-judge panel sided with immigrant rights advocates and lower court judges, finding that the Alien Enemies Act was never designed to target organized crime groups like Tren de Aragua.
That panel ruling was subsequently overturned when the complete court voted to rehear the case en banc. Despite the dismissal of this particular challenge, legal protections remain active.
"The Supreme Court's injunction barring the further use of the Alien Enemies Act remains in place, which is essential because there are still people at risk of being wrongly removed under the act without due process," said Lee Gelernt, the ACLU attorney who presented the case.
Gelernt emphasized that the Fifth Circuit's latest decision does not change the broader judicial consensus against employing this historical authority during peacetime conditions.
"The Fifth Circuit decision also doesn't alter the fact that courts have soundly rejected the use of this wartime authority during peacetime, including a panel of the Fifth Circuit."
Frequently Asked Questions
What is the Alien Enemies Act?
The Alien Enemies Act is an 18th-century wartime law that allows the president to detain and deport non-citizens from countries with which the United States is at war. It was last used during World War II before its recent revival under the Trump administration.
Why was the case dismissed?
The appeals court dismisses case challenging the law because all three plaintiffs who had contested the Alien Enemies Act's application were no longer in the United States. They had been removed via separate immigration channels rather than through the controversial wartime statute.
Does this mean the Alien Enemies Act is now fully legal for deportations?
No. The Supreme Court's injunction barring the further use of the Alien Enemies Act remains in place. Legal protections continue for those at risk of being wrongly removed under the act without due process.
What happens next for Venezuelan migrants?
Venezuelan migrants still have time to challenge their removals. The Supreme Court extended its injunction while remanding the matter to the 5th Circuit to determine appropriate timeframes for detainees to contest their potential expulsion.
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