Fifth Circuit Blocks Trump’s Use of Alien Enemies Act
due process federal employment fifth circuit immigration law presidential power Sep 03, 2025In a striking decision, the Fifth Circuit Court of Appeals—one of the nation’s most conservative courts—ruled that President Trump could not use the Alien Enemies Act of 1798 to deport Venezuelan migrants. The Act was written during a period of actual war, allowing presidents to restrict or remove nationals of enemy states. The court made clear that linking Venezuelan migrants to a violent gang does not transform immigration challenges into an “invasion.”
For federal employees, the takeaway is critical: even in politically charged times, courts can still draw bright lines that prevent executive overreach.
Due Process Still Matters
Before the ruling, the administration had already deported more than a hundred people under the Act—sometimes to countries where they did not hold citizenship. The Supreme Court had intervened months earlier, freezing the practice because migrants were denied notice and the opportunity to contest their removal. The Fifth Circuit has now underscored that due process protections cannot be bypassed, even in the name of national security.
This resonates beyond immigration law. Federal employees in every agency—from law enforcement to healthcare—can take comfort knowing that emergency declarations do not automatically strip away established legal rights.
Why the Court’s Voice Matters
The significance of this decision is amplified by the court that issued it. The Fifth Circuit has a conservative reputation, and yet its judges rejected the administration’s sweeping view of presidential authority. This sends a signal across government: the limits of executive power are not merely political talking points, but enforceable boundaries recognized by the judiciary.
Lessons for Federal Employees
For career civil servants, this case highlights two lessons. First, your work still takes place within a constitutional framework—even if leadership pressures you to act quickly or cut corners. Second, courts remain an avenue of accountability when executive power tests those boundaries.
When you find yourself in an agency facing directives that raise legal red flags, remember that you are not powerless. Consult your agency’s legal counsel, consider contacting your Inspector General, and know that judicial review remains a safeguard for both employees and the public.
Staying Informed and Centered
Events like these can heighten anxiety about shifting rules and unstable directives. One mindful practice is to pause, take three steady breaths, and ground yourself in the fact that constitutional checks and balances still function. Stability doesn’t always come from the top—it often comes from the steady presence of individuals like you, carrying out your duties with integrity.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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