WMM v. Trump

The action follows a U.S. Supreme Court decision in April 2025 lifting a nationwide temporary restraining order in a challenge to President Trump’s invocation of the Alien Enemies Act, a 1798 wartime act the administration is trying to use to bypass immigration law. In its ruling, the Supreme Court also ordered that people targeted for removal under the act are entitled to challenge their removals and must have meaningful notice and opportunity to do so.

However, the government attempted to remove individuals out of a facility in northern Texas in mid-April after providing individuals only about 24 hours’ notice of their designation and removals. The ACLU and ACLU of Texas moved for emergency relief at the district court, Fifth Circuit, and Supreme Court, resulting in a district-wide stay on removals. On May 16, the Supreme Court extended that stay and held that the notice that the government gave did not meet due process, and reiterated that individuals must be provided with sufficient notice to actually seek habeas relief before their removal. The Supreme Court also remanded for the Fifth Circuit to consider whether the AEA authorizes removals pursuant to the president’s Proclamation and what notice is due.

UPDATE:

In September 2025, a Fifth Circuit panel blocked President Trump’s use of the AEA to deport people. In its 2-1 decision, the court rejected the administration’s assertion that the wartime authority’s invocation was needed because “an invasion or a predatory incursion has occurred.” In response, the Trump administration sought and was granted a hearing before the full appeals court, slated for January 2026.