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Appeals court declares Trumpโ€™s Alien Enemies Act lawsuit moot after policy change

A federal appeals court ruled that a lawsuit challenging President Trump's use of the Alien Enemies Act is moot, as the administration has since changed its policies and deportations have largely ceaโ€ฆ

Appeals court rules key Alien Enemies Act lawsuit moot
The Hill โ€” 13 August 2026
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A federal appeals court ruled on Thursday that a significant lawsuit challenging the use of the Alien Enemies Act by President Trump is moot. The decision came as the court sidestepped critical questions regarding the legality of the Act's invocation for expedited deportations. The case had previously made its way to the Supreme Court after the Trump administration began utilizing this rarely enacted law to target immigrants shortly after taking office.

The Alien Enemies Act allows the president to deport non-citizens from countries at war with the United States. Trump's administration used this law in early 2017, shortly after his inauguration, as part of a broader immigration crackdown that sought to limit the number of immigrants entering the country. The legal challenges arose as advocates argued that the law was being applied inappropriately, particularly against individuals from countries like Iran, Libya, Somalia, Sudan, Syria, and Yemen. As the case progressed through the courts, it reflected ongoing concerns about the administration's approach to immigration and national security.

In its ruling, the court stated that because Trump's administration has since shifted its policies and the deportations in question have largely ceased, the legal challenge no longer presented a live controversy warranting judicial resolution. The ruling effectively leaves unresolved the significant constitutional questions about the limits of presidential power under the Alien Enemies Act. Critics of the administration have expressed concern that this decision sets a precedent for future administrations to invoke the law without sufficient checks.

Looking ahead, the mootness of this case may embolden the current or future administrations to pursue similar actions without fear of legal repercussions. Advocates for immigrant rights are likely to continue monitoring the implications of this ruling, as it could influence how the government addresses immigration policy and the treatment of non-citizens in the future. The court's decision underscores the ongoing tensions between national security and individual rights, a debate that is far from settled in American law and politics.

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