A federal appeals court has denied the Trump administration’s request to lift a restraining order blocking the use of the Alien Enemies Act for deporting alleged Venezuelan gang members. The 2-1 decision from the D.C. Circuit Court of Appeals upholds Judge James Boasberg’s order, temporarily halting deportations under the wartime law.
Judge Karen Henderson, writing for the majority, rejected the administration’s argument that courts lack authority to review presidential actions under the law. “Judicial review of the Alien Enemies Act is not categorically foreclosed,” she stated.
The Trump administration had invoked the 1798 law to bypass immigration statutes and deport Venezuelan migrants it claimed were members of the Tren de Aragua gang. The American Civil Liberties Union sued, arguing that the deportees were not all gang members and that the law requires a declaration of war or invasion.
The administration claimed deportation flights had already departed before Boasberg’s order was received. Judge Justin Walker dissented, warning of harm to national security and diplomacy.
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