At issue is Trump’s invocation of the 18th-century law in March to remove noncitizens labeled as members of the Venezuelan gang Tren de Aragua. In his order, Trump proclaimed Tren de Aragua members were “perpetrating,

The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.

The case is likely to be the first to reach the Supreme Court on the substantive issue of the president’s invocation of a rarely used wartime law.