Appellate judge blasts courts’ ‘special treatment’ for illegal immigrants

Published May 21, 2025 3:19pm ET



Circuit Judge James Ho issued a blistering concurrence Tuesday, taking aim at the Supreme Court and other courts’ “special treatment” for illegal immigrants in legal proceedings.

A three-judge panel on the U.S. Court of Appeals for the 5th Circuit issued an order to expedite the oral arguments of a challenge to the deportation of a group of Venezuelan nationals under the Alien Enemies Act in Texas. The order came after the Supreme Court vacated the appellate court’s previous ruling, saying it lacked jurisdiction, and denied a bid by the migrants’ lawyers to temporarily stop President Donald Trump’s administration from deporting the group of foreign nationals under the AEA.

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