Alien Enemies Act

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Alien Enemies Act Summary


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Case Title Case Summary Case Status
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, which has stayed the ruling while the W.M.M. v. Trump case is ongoing.
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, which has not yet set a schedule for next steps.
W.M.M. v. Trump


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