In a decision on Wednesday, a federal appeals court declined to overturn a ruling that prohibits the Trump administration from deporting Venezuelan migrants to El Salvador under an ancient wartime law dating back to the 18th century. The U.S. Court of Appeals for the District of Columbia Circuit, in a split decision by a three-judge panel, upheld a temporary order issued on March 15 that prevents deportations under the Alien Enemies Act of 1798.
The Trump administration had utilized this law for the first time since World War II to deport numerous individuals based on a proclamation labeling the Tren de Aragua gang as an invading force. Following a ruling by U.S. District Judge James Boasberg halting further deportations and instructing the return of Venezuelan immigrants who had been deported, the Justice Department appealed the decision.
The lawsuit, brought by the American Civil Liberties Union on behalf of five Venezuelan noncitizens detained in Texas, has become a contentious issue amidst escalating tensions between the White House and the judiciary. Judges Karen LeCraft Henderson and Patricia Millett voted against lifting the order, with Judge Justin Walker, a nominee of President Trump, dissenting.
Millett emphasized that the order preserves the status quo until legal matters can be fully addressed, cautioning against premature interference that could undermine the plaintiffs’ rights. Henderson noted that the ruling does not prevent the government from apprehending migrants under the existing proclamation, warning against deporting individuals to a foreign land without due process.
Walker argued that the plaintiffs’ claims should be addressed in Texas, where they are currently held, and highlighted potential harm to national security negotiations posed by the court’s orders. Skye Perryman, president of Democracy Forward, hailed the court’s decision as a victory for due process and the rule of law, emphasizing the importance of upholding legal protections.
Chief Judge Boasberg has vowed to investigate whether the government complied with his order to halt deportations, though the administration has cited the “state secrets privilege” in withholding information. Calls for Boasberg’s impeachment by Trump and his supporters have drawn criticism, with Chief Justice John Roberts cautioning against using impeachment as a response to judicial decisions.
Disagreement arises over a court ruling. The Alien Enemies Act permits the deportation of noncitizens without a chance for a hearing before an immigration or federal court judge. Boasberg’s decision mandates that individuals facing deportation should be given a chance to dispute their classification as alleged gang members. He emphasized the importance of preventing wrongful deportation based on categories that individuals cannot contest.
