Court Denies Trump Admin’s Deportation Request

A federal appeals court decided on Wednesday not to lift an order that prevents the Trump administration from deporting Venezuelan migrants to El Salvador under a centuries-old wartime law.
The U.S. Court of Appeals for the District of Columbia Circuit, composed of a divided three-judge panel, upheld a March 15 order that temporarily stops deportations under the Alien Enemies Act of 1798.
This law, invoked by President Donald Trump’s administration for the first time since WWII, was used in conjunction with a presidential proclamation that labeled the Tren de Aragua gang as an invading force and resulted in the deportation of hundreds.
The Justice Department challenged the decision after U.S. District Judge James Boasberg suspended further deportations and ordered the return of Venezuelan immigrants who had already been deported by plane.
However, this command was not complied with.
Attorneys from the American Civil Liberties Union initiated the lawsuit representing five Venezuelan noncitizens detained in Texas, escalating the ongoing tension between the White House and federal courts.
Two judges, Karen LeCraft Henderson and Patricia Millett, voted to deny the government’s request to annul the order, with each filing their concurring opinions.
Judge Justin Walker, a Trump appointee, dissented.
Millett, nominated by President Barack Obama, remarked that Boasberg’s order maintains the existing state of affairs until significant legal questions can be thoroughly examined in an upcoming hearing.
“There is neither jurisdiction nor reason for this court to interfere at this very preliminary stage or to allow the government to unilaterally moot the Plaintiffs’ claims by immediately removing them beyond the reach of their lawyers or the court,” she said.
Judge Henderson, appointed by President George H.W. Bush, clarified that the ruling doesn’t inhibit arrests or detentions under Trump’s proclamation.
“Lifting the injunctions risks exiling plaintiffs to a land that is not their country of origin,” she noted.
She indicated the government communicated unequivocally during oral arguments that deportations would resume immediately if the injunction were lifted, without providing notice.
Walker argued the case should be heard in Texas, where the plaintiffs are detained.
He claimed, “The Government has also shown that the district court’s orders pose irreparable harm to sensitive negotiations with foreign powers concerning national security matters.”
The ruling represents a crucial moment in the defense of due process and protecting the American populace, according to Skye Perryman, president and CEO of Democracy Forward, whose organization represents the plaintiffs.
“President Trump is bound by the laws of this nation, and those laws do not permit him to use wartime powers when the United States is not at war and has not been invaded to remove individuals from the country with no process at all,” Perryman asserted.
Judge Boasberg, who presides as the chief judge of the federal district court in Washington, committed to determining if the government disobeyed his directive to return deportation planes.
The administration invoked a “state secrets privilege” to refrain from providing Boasberg with additional details on the deportations.
There have been calls for Judge Boasberg’s impeachment from Trump and his supporters.
In an unusual statement, Supreme Court Chief Justice John Roberts remarked, “Impeachment is not an appropriate response to disagreement concerning a judicial decision.”
The Alien Enemies Act allows for the deportation of noncitizens without a hearing in front of an immigration or federal court judge.
Judge Boasberg ruled that immigrants facing deportation should be given a chance to contest their classification as alleged gang members and highlighted a substantial public interest in preventing wrongful deportations based on unchallenged categorizations.