Appeals Court Affirms Ruling Against Trump’s Deportation of Venezuelans

WASHINGTON – A federal appeals court has upheld the suspension of President Donald Trump’s directive to deport Venezuelans alleged to be affiliated with the criminal organization Tren de Aragua under the Alien Enemies Act.

The D.C. Circuit Court of Appeals concluded that the 1798 law provided presidents with “near-blanket authority” to detain and deport any noncitizen from a nation that is at war with the U.S. However, the three-judge panel clarified that such an invasion must originate from a foreign government, not a gang.

“The AEA empowers the President to restrain and expel the nationals of a hostile foreign power,” Judge Karen Henderson, appointed by former President George H.W. Bush, stated in concurrence with the unanimous decision. “This power applies in contexts where invasion is understood in its military sense.”

“Ultimately, the government is mistaken in thinking that ‘every case or controversy touching foreign relations is outside judicial reach,’” Henderson added.

Judge Patricia Millett, who was appointed by Democratic President Barack Obama, also penned a concurrence.

“The true hallmark of our great Nation governed by law is our commitment to legal standards even when challenging, even when significant national interests are at play, and even when the claimant may be unpopular,” Millett remarked. “For if the government can choose to forgo fair and impartial processes for some individuals, it can do so for all.”

Conversely, Judge Justin Walker, appointed by Trump during his initial term, expressed dissent. He concurred with the Trump administration’s stance that Tren de Aragua is a dangerous criminal group whose members Trump is attempting to deport.

Walker indicated that the government had demonstrated that hindering deportation could “inflict irreparable harm on fragile negotiations with foreign entities regarding national security.” Nevertheless, he believed that the Venezuelans were likely to prevail in D.C. courts, hence the halt on deportation flights should remain as the government appeals.

The VenezuelanCase Highlights Tensions Between Trump and the Judiciary

This case represents a critical point of contention between the Trump administration and the judiciary regarding who dictates federal policy. Trump has suggested the impeachment of judges who have ruled against his administration. Such comments elicited a rare response from Supreme Court Chief Justice John Roberts, who stated that the appropriate course for unfavorable rulings is to appeal.

The Justice Department asserts that Trump possesses the authority to utilize the 1798 Alien Enemies Act, which has traditionally been invoked only during declared wars against other nations, to expedite the deportation of gang members he claims have infiltrated the U.S.

Court Decision Provides Venezuelans Opportunity to Dispute Gang Membership

Chief U.S. District Judge James Boasberg determined that any Venezuelans targeted for deportation by the Trump administration under the Alien Enemies Act must be provided an opportunity to contest their alleged gang affiliations before deportation. He has temporarily halted deportation flights as the case unfolds. Nevertheless, two flights occurred between the judge’s verbal order and the written order to cease. Boasberg is currently assessing whether the government violated his verbal directive, although government lawyers argue it was not enforceable.

The two flights to El Salvador on March 15 carried a total of 238 purported members of Tren de Aragua and 23 alleged MS-13 members. The figures were reported on social media by El Salvador’s President Nayib Bukele, but have not been verified by U.S. officials.

The Salvadoran prison where these individuals are held is infamous for its harsh conditions. According to Bukele, visitation, recreation, and education are prohibited at the large prison, and he has released several videos depicting the treatment of inmates.

The five Venezuelans who initiated the lawsuit deny any affiliation with the gang. Judge Boasberg later expanded the case to include all individuals targeted under the Alien Enemies Act. The five plaintiffs, referred to only by their initials, have yet to be deported.

“Given that the named Plaintiffs contest their membership in Tren de Aragua, they cannot be deported until a court evaluates the validity of their claims,” Boasberg ruled. “Furthermore, no individuals within the provisionally certified class may be removed until they are afforded the chance to dispute their classifications as well.”