Federal Appeals Court Limits Trump Administration’s Use of 1798 Law to Expedite Migrant Expulsions
NEW ORLEANS – A federal appeals court ruled Tuesday that the Trump administration cannot currently utilize a rarely invoked 1798 law to expedite the expulsion of migrants from Texas, Louisiana, and Mississippi. The 5th U.S. Circuit Court of Appeals decided by a 2-1 vote against the administration’s attempt to employ the law, originally intended to allow the goverment to hold and expel citizens of opposed foreign nations during wartime or “predatory invasion or foray.”
Judge Leslie Southwick, writing for the majority, stated, “The conclusions do not argue that an invasion or a predatory foray have taken place.” She added, “We therefore conclude that the applicants are likely to prove that (the law) has been invoked inappropriately.”
The court granted a preliminary injunction blocking the expulsions. One judge dissented,arguing that determining the conditions for applying the law was a “political judgment.”
The 1798 law allows the government to detain and deport individuals deemed hostile during times of conflict or invasion. The Trump administration sought to apply it to migrants crossing the southern border.
Legal challenges to the administration’s use of the law are expected to continue, with the case likely headed to the Supreme Court.
