Trump-appointed judges also ruled against Alien Enemies Act use

Scope: Federal

Branch: Judicial

Severity: Green

Date occurred: September 2, 2025

Phase: Jul-Sep 2025 – Courts Push Back

On September 2, 2025, the 5th Circuit ruled 2-1 that Trump's use of the Alien Enemies Act for deportations was unlawful, with judges appointed by Bush and Biden in the majority and a Trump appointee dissenting, rejecting the argument that the president alone can determine the country is being invaded.

Sources

  • NPR
  • CNN
  • Al Jazeera
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