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January 22, 2026

5th Circ. Appears Divided On President’s Alien Enemies Power

The full Fifth Circuit appeared divided Thursday on whether President Donald Trump can label any threat an “invasion” or “predatory incursion” under the 1798 Alien Enemies Act, with judges split between giving the president broad deference and those doubtful the courts have only a limited role.

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Author: Frank Rizzo

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