Among the issues raised in the case — which finds its way to the Fifth Circuit at the Supreme Court's direction rather than on a standard appeal — is the propriety of President Trump's invocation of the 1798 law to deport scores of immigrants he alleges are members of Tren de Aragua, a Venezuelan gang. Judge Oldham, in particular, asked whether any Supreme Court opinion supported the authority of the courts to "countermand the president of the United States in his determination regarding armed conflict" or to second-guess a chief executive, whether the president or a governor, in his identification of "an insurrection, an invasion," or other such events. But Sterling, and particularly Schueller and Ebel, should weigh heavily in this case, given the Alien Enemies Act's role in World War II internments and the breadth of the power the administration is trying to unlock through its use of the law in peacetime.
Author: Ilya Somin
Published at: 2025-07-09 21:52:21
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