A federal appeals court on Jan. 22 grappled with whether President Donald Trump may use the Alien Enemies Act to try to remove alleged members of a foreign terrorist group.
The U.S. Court of Appeals for the Fifth Circuit in New Orleans held an hour-long oral argument in the extensively litigated case known as W.M.M. v. Trump.
The federal government argues the president may use the act to defend the country from foreign invasion even if war has not been formally declared by Congress, but detainees argue Trump is misusing his war powers.
On March 14, 2025, Trump signed Proclamation 10903, declaring that Tren de Aragua (TdA), a designated foreign terrorist organization associated with Venezuela, “is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.”…
Appeals Court Considers Trump’s Ability to Deport Under Alien Enemies Act

