Alien Enemies Act
The first Enhanced Games are coming in May 2026
Good morning and welcome to another edition of Free Agent! Don't forget to organize a Fight Club with your friendly neighborhood geopolitical rivals this week. We're talking about the Olympics today—not the real…
Don’t use the Alien Enemies Act against alien friends
President Donald Trump claims that the Alien Enemies Act of 1798 grants him the power to deport certain Venezuelan-born aliens without due process, based on the mere allegation of membership in a criminal street gang. But the…
The Case Against Judicial Deference to Executive Branch “Factual” Determinations in Alien Enemies Act Cases
A prison guard transfers Alien Enemies Act deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador. Mar. 16, 2025 (El Salvador Presidential Press Office) …
Most Migrants Deported to Imprisonment in El Salvador Under the Alien Enemies Act Had no Criminal Record and Many had Entered the US Legally
A prison guard transfers Alien Enemies Act deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador. Mar. 16, 2025 (El Salvador Presidential Press Office) …
Serious immigration law enforcement means serious destruction to American liberty
Stephen Miller, the misguided immigration-obsessed Rasputin encouraging President Donald Trump's authoritarian overreaches to drive from the country people who the administration insists (but does not want to prove) are…
Fourth Circuit Rules Against Trump Administration in Alien Enemies Act Case
A prison guard transfers Alien Enemies Act deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador. Mar. 16, 2025 (El Salvador Presidential Press Office) …
Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation
(NA) I have previously written about how multiple lower courts have certified habeas classes in Alien Enemies Act deportation cases, and doing so may be the only way to ensure meaningful due process for detained migrants…
Supreme Court Issues Ruling Temporarily Blocking Alien Enemies Act Deportations
(Joe Ravi / Dreamstime) Today, in AARP v. Trump, the Supreme Court issued a ruling blocking deportation of a group of Venezuelan migrants the Trump Administration had been trying to use the Alien Enemies Act of 1798 deport to…
Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act
This afternoon, the Supreme Court granted an application for an injunction against the federal government barring the summary removal of Venezuelan nationals alleged to be members of Tren de Aragua (TdA) under the Alien…
My New Lawfare Article “Trump’s ‘Emergencies’ Are Pretexts for Undermining the Constitution”
The Trump administration has exhibited a dangerous pattern of invoking spurious emergencies to undermine the Constitution, threatening liberty and circumventing Congress. This is most evident in the fields of immigration and…
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