Appeals court blocks Trump admin’s deportation flights in Alien Enemies Act immigration suit

A federal appellate court has made a significant decision in a suit challenging the Trump administration’s authority to deport Venezuelan nationals using a 1798 wartime law. The court declined to issue a stay on a lower court’s orders, effectively blocking the administration’s deportation agenda. The three-judge panel, consisting of Judges Karen Henderson, Patricia Millett, and Justin Walker of the D.C. Circuit Court of Appeals, made the decision in a 2-1 ruling on Wednesday.

The lawsuit questioned the administration’s use of the Alien Enemies Act to deport Venezuelan nationals, including alleged members of the Tren de Aragua (TdA) gang, within a 14-day period. U.S. District Judge James Boasberg had issued a temporary restraining order over the weekend, preventing the administration from deporting individuals under this law. The Trump administration filed an emergency request for the appeals court to intervene, leading to Monday’s oral arguments.

During the hearing, Judge Millett appeared to be in favor of the plaintiffs, questioning the Justice Department’s lawyer about the administration’s implementation of the law and potential violations of due process. Judge Henderson, in a concurring opinion, stated that the government had not shown a likelihood of success on the merits, and the equities favored the plaintiffs.

Attorney General Pam Bondi criticized the lower court judges for getting involved in immigration issues and vowed to appeal the case to the Supreme Court if necessary. The Trump administration’s argument that Boasberg’s restraining order infringed on the president’s war powers was challenged by Judge Millett, who emphasized the need for compliance with the Constitution and laws.

Boasberg had ordered the administration to provide more information about the deportation flights, but the Justice Department declined, leading to a scathing response from the judge. The government’s submission of a brief declaration from an ICE office director in Texas raised concerns about invoking state secrets privileges.

In a separate district court hearing, Boasberg questioned the government’s attorneys’ credibility, highlighting the importance of honesty and transparency in legal proceedings. The ongoing legal battle over the use of the Alien Enemies Act to deport Venezuelan nationals is likely to continue, with the possibility of the case reaching the Supreme Court for further review.

In conclusion, the federal appellate court’s decision to deny a stay on the lower court’s orders is a significant development in the legal challenge against the Trump administration’s deportation actions. The case raises important questions about the administration’s authority and the protection of individuals’ rights in deportation proceedings.