A federal appeals court panel appeared split Monday over whether to lift a judge’s order blocking the Trump administration from deporting Venezuelan migrants to El Salvador under the Alien Enemies Act of 1798. The rare use of the wartime law has triggered legal and political backlash.
During arguments before the D.C. Circuit, Judge Patricia Millett compared the migrants’ treatment to that of Nazi detainees in the U.S. during World War II, saying the latter received better legal protections. Justice Department attorney Drew Ensign disputed the comparison, calling it inappropriate.
The administration has deported hundreds of Venezuelans under the act, citing gang affiliations with Tren de Aragua. President Trump declared the gang an “invading force.” Chief Judge James Boasberg had halted deportations on March 15, requiring individualized hearings. Those deported were not returned.
Judge Justin Walker appeared more sympathetic to the administration, questioning why the lawsuit wasn’t filed in Texas. Judge Karen LeCraft Henderson did not ask questions.
The court has not issued a ruling. Trump has since attacked Boasberg’s ruling and called for his disbarment.
Sources
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