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Alien Enemies Act

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Alien Enemies Act Summary

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List of all cases in topic Alien Enemies Act:

Case Title Case Summary Case Status Case Topic
Abrego Garcia v. Noem Salvadoran citizen suing for Habeas, after being sent to CECOT despite order against him being sent to El Salvador. District court ordered, and circuit and SCOTUS upheld, that govt facilitate Abrego's return to US. Discovery ongoing at district court to determine what the US Govt has done to execute that order. US has returned Abrego Garcia and is charging him in United States v. Garcia.
J.A.V. v. Trump This case challenges the Alien Enemies Act in the Southern District of Texas, using the mechanism (class action writ of habeas) required by the Supreme Court's J.G.G. ruling (April 7, 2025). The district court ruled (May 1, 2025) that the government was not allowed to use the AEA to "detain[], transfer[], or remov[e]" anyone in the class. The government appealed (June 27, 2025) this decision to the Fifth Circuit.
G.F.F. v. Trump This case challenges the Alien Enemies Act in the Southern District of New York, using the mechanism (class action writ of habeas) required by the Supreme Court's J.G.G. ruling (April 7, 2025). The district court ordered (May 14, 2025) via a preliminary injunction that the government was not allowed to use the AEA during the litigation. The government appealed (July 3, 2025) this decision to the Second Circuit.

List of all upcoming events in topic Alien Enemies Act:


Date Summary Court
TBD Abrego Garcia's lawyers are expected to oppose the Govt's motion to dismiss.

Surprise, they did! NEWS

District of Maryland
TBD Waiting for Fifth Circuit to determine next steps on if the AEA can be used in the Southern District of Texas. SOURCE Fifth Circuit
TBD Waiting for the government's appeal to show up on the Second Circuit docket, wherein they will ask for the PI to be overturned (i.e. that they be allowed to exercise the AEA in the Southern District of New York). Southern District of New York

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