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NEW: Judges Weigh Trump’s Power to Deport Without Trial

Fifth circuit court judges question whether alleged gang ties justify use of wartime law amid concerns over due process and evidence

Jul 01, 2025
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WASHINGTON — A federal appeals court on Monday heard arguments in a closely watched case that could determine whether the Trump administration can use an 18th-century wartime law to summarily deport Venezuelan immigrants it claims are members of the gang Tren de Aragua.

A three-judge panel of the 5th U.S. Circuit Court of Appeals—Judges Leslie Southwick, Andrew Oldham, and Irma Carrillo Ramirez—pressed both sides over whether President Donald Trump’s March proclamation, invoking the Alien Enemies Act, is subject to judicial review and whether Tren de Aragua qualifies as a “foreign nation or government” under the law.

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