Trump Could See a Short-Lived Win on the Alien Enemies Act

Ultimately, I believe President Trump is going to lose in court on his invocation of the 1798 Alien Enemies Act (AEA) as a predicate for summary deportations of Venezuelans he alleges are members of the Tren de Aragua (TdA) international criminal enterprise. But I think that will happen down the road, in the Supreme Court. For now, I am going to go out on a limb and predict a win for the administration in the ongoing round of AEA litigation in the U.S. Court of Appeals for the Fifth Circuit.

Last Monday, a three-judge circuit panel heard oral argument in the case, which is now called W.M.M. v. Trump. (The case has gone through several iterations of abbreviated plaintiffs’ names, including, as I’ve previously detailed, a lead plaintiff referred to as A.A.R.P., after which the caption was changed at the behest of the well-known group that advocates for older Americans.) Compared to several circuits numerically dominated by appointees of Democratic presidents, the Fifth Circuit is more Republican and Trump-friendly. In this instance, the administration drew a very favorable three-judge panel: Bush-43 appointee Leslie H. Southwick, Trump appointee Andrew Oldham, and Biden appointee Irma Carrillo Ramirez.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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Ultimately, I believe President Trump is going to lose in court on his invocation of the 1798 Alien Enemies Act (AEA) as a predicate for summary deportations of Venezuelans he alleges are members of the Tren de Aragua (TdA) international criminal enterprise. But I think that will happen down the road, in the Supreme Court. For now, I am going to go out on a limb and predict a win for the administration in the ongoing round of AEA litigation in the U.S. Court of Appeals for the Fifth Circuit.

Last Monday, a three-judge circuit panel heard oral argument in the case, which is now called W.M.M. v. Trump. (The case has gone through several iterations of abbreviated plaintiffs’ names, including, as I’ve previously detailed, a lead plaintiff referred to as A.A.R.P., after which the caption was changed at the behest of the well-known group that advocates for older Americans.) Compared to several circuits numerically dominated by appointees of Democratic presidents, the Fifth Circuit is more Republican and Trump-friendly. In this instance, the administration drew a very favorable three-judge panel: Bush-43 appointee Leslie H. Southwick, Trump appointee Andrew Oldham, and Biden appointee Irma Carrillo Ramirez.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.