Yesterday, in W.M.M. v. Trump , the US Court of Appeals for the Fifth Circuit ruled that President Trump's invocation of the Alien Enemies Act of 1798 as a tool to deport Venezuelans is illegal. While multiple federal district courts have issued similar rulings, as have individual concurring opinions by judges on two other circuit courts , this is the first full-blown appellate court decision on the subject. It is therefore an important precedent. There is a lengthy 130 page dissenting opinion by Judge Andrew Oldham. But it's serious flaws merely confirm the weaknesses of the government's position.

The AEA allows detention and deportation of foreign citizens of relevant states (including legal immigrants, as well as illegal ones) "[w]henever there is a declared war between the United Stat

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