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A split federal appeals court has upheld a temporary injunction against President Donald Trump’s use of the Alien Enemies Act to expedite the deportation of purported members of a Venezuelan gang.
On Wednesday, a panel from the DC Circuit Court of Appeals ruled 2-1 that two lower-court orders restricting Trump’s use of this expansive wartime power would remain in effect as a legal challenge unfolds regarding the president’s application of the law.
Judge James Boasberg’s ruling prohibiting the application of the Alien Enemies Act for deportations has been central to a growing political and legal debate since it was announced on March 15. Two deportation flights took off during an emergency session and did not return, raising suspicions about whether his order was deliberately disregarded.
Since then, the Justice Department and Boasberg have engaged in a back-and-forth regarding the DOJ’s reluctance to disclose additional information about the flights, with Trump proposing Boasberg’s impeachment. This prompted an unusual rebuke from Chief Justice John Roberts.
Trump invoked the Alien Enemies Act of 1798, which grants the president considerable power to target and deport undocumented immigrants, to hasten the removal of migrants. The legislation is intended for cases of active war with another nation or direct threats of invasion against the US.
The appeals court decision issued on Wednesday was anonymous. However, Judges Patricia Millett, who was appointed by former President Barack Obama, and Karen Henderson, appointed by former President George H.W. Bush, both provided detailed explanations supporting the court’s ruling.
Henderson emphasized that permitting Trump to activate the law amid ongoing litigation “risks exiling plaintiffs to a country that is not their homeland” where they would likely confront severe mistreatment in notorious prisons.
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“Indeed, during the oral arguments before this Court, the government clearly indicated that – if the injunction were lifted – it would promptly commence deporting plaintiffs without prior notification,” Henderson stated. “Plaintiffs claim that the government has forcibly sent innocent foreign nationals abroad in its efforts against TdA. One plaintiff contends he experienced severe torture involving ‘electric shocks and suffocation’ for opposing the Venezuelan government.”
Judge Justin Walker, appointed by Trump during his first term, dissented, highlighting a procedural issue he raised during oral arguments. Walker stated that the claims made by the deported individuals should be addressed in a Texas court, not in Washington, DC.
He argued that the Trump administration has demonstrated “that the district court’s orders jeopardize delicate discussions with foreign nations regarding national security.”
According to Walker, this jeopardy, combined with the asserted public interest in rapidly deporting potentially dangerous aliens, outweighs the plaintiffs’ preference to pursue legal action in Washington.
The Trump administration is anticipated to challenge the ruling in the US Supreme Court.
This news story is developing and will be refreshed.
