Appeals Court Judges Leslie Harburd Southwick, nominated by former President George W. Bush, and Irma Carrillo Ramirez, nominated by former President Joe Biden, made up the majority in the case. “President Trump and Secretary (Kristi) Noem will not allow criminal gangs to terrorize American citizens,” the spokesperson said in a statement. Prior to March, the Alien Enemies Act had been invoked only three times – in the War of 1812, World War I and World War II. In May, a separate Alien Enemies case was sent to the high court, which instructed the 5th Circuit to determine if the Trump administration’s declaration of the wartime law was legal. The decision only applies to the use of the Alien Enemies Act.