Full Breakdown
Fifth Circuit Dismisses Challenge to Trump Administration’s Use of the Alien Enemies Act
8/15/2026, 3:37:54 AM
Background & Context
The proclamation invoked the Alien Enemies Act of 1798—a wartime statute previously used only during the War of 1812, World War I and World War II—to authorize the “immediate apprehension, detention, and removal” of Venezuelan nationals aged 14 or older who were not U.S. citizens or lawful permanent residents. The administration subsequently deported more than 100 Venezuelans, including alleged gang members, to a prison in El Salvador.
Timeline
- January 20 2025 – Trump’s proclamation declares a state of “invasion” at the southern border.
- March 15 2025 – Proclamation 10903 formally invokes the Alien Enemies Act to target Venezuelan nationals.
- April 16 2025 – Three Venezuelan men detained in Texas file a class-action lawsuit (W.M.M. v. Trump).
- April 18 2025 – Fifth Circuit panel dismisses the plaintiffs’ motion to block a district-court order as premature.
- May 16 2025 – Supreme Court vacates the Fifth Circuit’s ruling and directs review of due-process questions.
- September 2 2025 (scheduled) – Fifth Circuit panel issues a preliminary injunction finding the proclamation unlawful (later vacated).
- August 13 2026 – En banc Fifth Circuit dismisses the case as moot after all three named plaintiffs are deported under ordinary immigration law.
Data & Statistics
- >100 Venezuelan nationals were deported to El Salvador under the proclamation.
- 75 % of those deported were later reported to have no criminal record; at least one deportation was acknowledged as an error.
Official Statements & Responses
- The administration framed the proclamation as a response to “mass illegal immigration” used as a weapon by foreign governments, citing the Act’s authority to act during an “invasion or predatory incursion.”
- The Supreme Court’s May 2025 order stressed that individuals subject to removal are entitled to judicial review of statutory interpretation, constitutionality, and age eligibility, without ruling on the proclamation’s merits.
- In its August 2026 dismissal, the Fifth Circuit noted that the government removed the plaintiffs under the Immigration and Nationality Act, not the Alien Enemies Act, rendering the appeal moot.
Verbatim Quotes
- “The Supreme Court remanded this case to us when the three named petitioners were still in the country. But we have since learned that the government has removed them. Given this change, we conclude that the appeal is moot,” — Chief Judge Jennifer Walker Elrod, Fifth Circuit
Conflicting Reports & Gaps
- Sources agree the plaintiffs were deported under ordinary procedures, but differ on the due-process protections afforded before removal. The Supreme Court’s May 2025 directive required further review, yet the en banc Fifth Circuit’s August 2026 dismissal left those questions unresolved. No court has yet ruled on whether the proclamation itself satisfies the statutory requirements of the Alien Enemies Act.
