Fifth Circuit Court Dismisses Challenge to Trump's Use of Alien Enemies Act

The Fifth U.S. Circuit Court of Appeals dismissed a challenge to President Donald Trump's use of the Alien Enemies Act for deporting alleged members of Tren de Aragua on August 14, 2026. The court ruled that the case was moot since the three Venezuelan plaintiffs had already been deported under different immigration authorities. The Alien Enemies Act, which allows the president to remove non-naturalized individuals from hostile nations during wartime, was last invoked by President Harry Truman in 1946. The Trump administration argued that the activities of Tren de Aragua constituted an 'invasion' under the law, as part of its immigration agenda aimed at expediting the removal of suspected gang members. The Supreme Court had previously blocked the administration from removing detainees under this act while the case was ongoing but did not determine the legality of Trump's invocation of the statute. Some judges expressed support for the president's actions, while others raised concerns about the implications of the president defining an 'invasion.' The court declined to allow new plaintiffs to replace those already deported, leaving the legality of Trump's use of the Alien Enemies Act unresolved.