While this court acknowledged that Tren de Aragua’s actions could meet the historical definition of a “predatory incursion” under the Alien Enemies Act, that does not mean the judge supported the use of the law in this case. The ruling actually blocked the administration from acting on it, citing clear constitutional violations, including due process concerns under the Fifth Amendment. The judge also noted that there is no formal declaration of war, which is required for the Alien Enemies Act to apply. The opinion ultimately restrains executive power, not endorses it.
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Kyle Cheney
@kyledcheney
JUST IN: A federal judge in Pennsylvania became the first to back President Trump's invocation of the Alien Enemies Act, saying Trump's description of Tren de Aragua's "incursion" into the United States satisfies the AEA's definition. storage.courtlistener.com/recap/gov.usco
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