A divided federal appeals court on Tuesday said President Donald Trump’s use of the Alien Enemies Act to rapidly deport alleged Venezuelan gang members is unlawful and blocked its use in several southern states, issuing another blow to Trump’s invocation of the 18th century law.
The Fifth US Circuit Court of Appeals said in a 2-1 ruling that Trump cannot move forward with using the sweeping wartime authority for deportations in Texas, Louisiana and Mississippi. The president has not leaned on the 1798 law for removals since mid-March, when his invocation of it sparked the first in a series of legal challenges.
US District Judge Charles Breyer’s ruling that Trump’s use of the National Guard and Marines in Los Angeles in June was illegal is a nuanced one.
For one, it doesn’t prevent Trump from deploying the military or keeping troops in Los Angeles. It merely says they can’t perform law enforcement functions, versus things like protecting federal property. Doing the former, Breyer ruled, violated the Posse Comitatus Act.
Secondly, it only applies to California. So it doesn’t prevent Trump from doing anything in Chicago or elsewhere. He could push forward with his plans and wait for other judges to rule on them. The administration is also likely to appeal Breyer’s ruling, meaning this might not be the final word.
But the ruling reinforces that Trump might not be able to use the troops for the very thing he actually wants to use them for: cracking down on crime.
On Friday, the U.S. Court of Appeals for the Federal Circuit decided in a 7-4 vote that Trump had overstepped his authority by using the International Emergency Economic Powers Act (IEEPA) to impose the levies.
The tariffs are set to remain in effect until Oct. 14 to allow for an appeal to the Supreme Court.
Trump has scheduled a military flyover tomorrow of DC at the same time as the Epstein announcement.
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I called #NancyMace’s DC office & asked the guy who answered if she’s going to denounce Trump today after hearing from the Epstein survivors & I was told:
“The Congresswoman stands behind President Trump”
Of course her performance yesterday was fake
Epstein survivor Marina Lacerda: "The worst part is that the government is still in possession right now of documents & information that could help me remember and get over all of this maybe, and help me heal. They have documents w/ my name on them that were confiscated from Jeffrey Epstein's house"
— Aaron Rupar (@atrupar.com) September 3, 2025 at 11:09 AM
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Fox refuses to cover what the Epstein victims are saying publicly for the first time, but they are covering military jets flying over them during their press conference.
— Ron Filipkowski (@ronfilipkowski.bsky.social) September 3, 2025 at 11:41 AM
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