Federal appeals court judges appear skeptical of arguments against Trumps use of Alien Enemies Act

A pair of judges on a federal appeals court panel seemed skeptical of arguments against President Trump’s use of the 1798 Alien Enemies Act to swiftly deport suspected Venezuelan gang members. The conservative-leaning US Court of Appeals for the Fifth Circuit heard arguments Monday for just under an hour from both Trump administration lawyers defending the president’s invocation of the 18th-century act and American Civil Liberties Union (ACLU) attorneys representing some of the alleged members of Tren de Aragua the administration is seeking to remove under the wartime law. The legal battle before the New Orleans-based court — which appears destined to eventually be decided by the Supreme Court — aims to determine whether Trump lawfully invoked the Alien Enemies Act in March to target the Venezuelan prison gang, and, if so, how much notice a migrant targeted for deportation must be given before removal from the US. At one point in the hearing, Judge Andrew Oldham, a Trump appointee, asked ACLU attorney Lee Gelernt if he was aware of any case law that shows you can “second-guess the president of the United States” when the commander in chief finds there is a military conflict. Oldham specifically asked the lawyer arguing against Trump’s use of the 1798 law to point to a Supreme Court case where the justices determined “you can countermand the president of the United States when he says we are in an armed conflict.” Gelernt said there wasn’t a case, acknowledging that the 5th circuit’s ruling on the Alien Enemies Act would be precedent setting. On March 14, Trump signed a proclamation invoking the Alien Enemies Act, declaring that Tren de Aragua “is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.”Trump, 79, said the gang “is undertaking hostile actions and conducting irregular warfare” against the US on behalf of the regime of Venezuelan dictator Nicolas Maduro,...