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Trump's Legal Hail Mary Falls Flat Again

In an extraordinary filing, DOJ insists the 1798 Alien Enemies Act can bless Trump’s Central America crackdown — despite two centuries of history saying otherwise.

Pablo Manríquez's avatar
Pablo Manríquez
Sep 22, 2025
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WASHINGTON — The Trump administration is again begging the 5th U.S. Circuit Court of Appeals to save one of the most bizarre legal stunts in modern immigration enforcement: the resurrection of the Alien Enemies Act of 1798 to justify mass deportations.


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In a filing Monday, Justice Department lawyers claimed a three-judge panel “committed serious errors” when it struck down Trump’s invocation of the centuries-old law, which was originally designed for wartime detentions of enemy nationals, not Central American families fleeing violence.

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