Late Tuesday evening, the 5th Circuit handed down its decision in the case now styled W.M.M. v. Trump (previously styled as A.A.R.P. v. Trump) regarding the Trump administration’s use of the Alien Enemies Act (AEA) to remove purported Tren de Aragua (TdA) members from the U.S. To cut to the chase, the court held that the administration improperly invoked the AEA to justify removing the purported TdA members because “we find no invasion or predatory incursion.” 

This case has had a complicated procedural history that’s involved several notable decisions and a foray to the Supreme Court, which resulted in a surprising Easter weekend ruling that sent the case back to the 5th Circuit to determine two things: 

(1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named [Petitioners’] underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025, Proclamation, and (2) the issue of what notice is due, as to the putative class’s due process claims against summary removal.