Attorney Modi Speaks on Trump’s Failed Use of 1798 Alien Enemies Act
The 5th Circuit Court of Appeals has blocked President Trump’s attempt to invoke the 1798 Alien Enemies Act, a move that has drawn significant legal attention. Immigration attorney and former law professor Susham M. Modi joined The Lars Larson Show, which broadcasts nationwide, to analyze the decision. Modi noted that the 5th Circuit is widely regarded as a conservative-leaning court, yet it upheld the lower court’s ruling, which itself came from a Trump-appointed judge. He explained that the appellate court relied heavily on historical precedent, including the original meaning of the term “predatory incursion” as it was understood when the law was enacted. Modi also emphasized that on appeal, it is unlikely new evidence could be introduced, which narrows the possibilities moving forward. He concluded by outlining the limited potential outcomes that may arise if the case continues through the appeals process, highlighting how constitutional checks on presidential power remain firmly in place.
By
The Modi Law Firm, PLLC
