Appeals Court Considers Trump’s Ability to Deport Under Alien Enemies Act The U.S. Court of Appeals for the Fifth Circuit debated President Trump’s authority to use the Alien Enemies Act against alleged foreign terrorist group members. The government contends the president can use the act for defense against invasion, even without a formal declaration of war. Detainees argue this constitutes a misuse of war powers, citing a 2025 proclamation labeling Tren de Aragua as an invading force.

• Federal appeals court heard arguments on using the Alien Enemies Act for deportation.
• The case, W.M.M. v. Trump, concerns alleged members of a foreign terrorist group.
• The government argues the president can use the act to defend against invasion, regardless of a formal declaration of war.
• Detainees claim Trump is misusing his war powers.
• A 2025 proclamation declared Tren de Aragua, associated with Venezuela, an invading force.