On Wednesday, a federal appeals court made a significant ruling by refusing to lift an order that prohibits the Trump administration from deporting Venezuelan migrants to El Salvador. This decision was made under the Alien Enemies Act of 1798, an 18th-century wartime law that had not been invoked since World War II. The ruling came from a divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, which upheld a March 15 order that temporarily halts these deportations.
The Trump administration had previously deported hundreds of Venezuelan migrants under a controversial presidential proclamation that labeled the Tren de Aragua gang as an invading force. Following this proclamation, the Justice Department filed an appeal after U.S. District Judge James Boasberg issued a ruling blocking further deportations and ordering the return of planeloads of Venezuelan immigrants to the United States. However, this order was not executed.
The lawsuit was initiated by the American Civil Liberties Union (ACLU) on behalf of five Venezuelan noncitizens held in Texas. This case has sparked heightened tensions between the White House and the federal courts, highlighting the ongoing conflict over immigration policies.
Judges Karen LeCraft Henderson and Patricia Millett voted against the government's request to lift the deportation order, each providing concurring opinions that emphasized the importance of the ruling. Judge Millett stated that Boasberg’s order merely preserves the current legal situation until more serious and unprecedented legal issues can be addressed in an upcoming hearing. She articulated that “there is neither jurisdiction nor reason for this court to interfere at this very preliminary stage or to allow the government to singlehandedly moot the Plaintiffs’ claims by immediately removing them beyond the reach of their lawyers or the court.”
Judge Henderson, nominated by Republican President George H.W. Bush, underscored that the court's ruling does not prevent the government from detaining migrants under Trump’s proclamation. She warned that lifting the injunctions could result in the deportation of plaintiffs to countries they do not originate from, citing concerns for their safety and legal standing.
In contrast, Judge Justin Walker, a Trump appointee, dissented, arguing that the plaintiffs’ claims should be addressed in Texas, where they are currently detained. Walker contended that the district court’s orders could jeopardize delicate international negotiations related to national security. He expressed concerns that the government’s actions could lead to irreparable harm.
Skye Perryman, president and CEO of Democracy Forward, a legal advocacy group representing the plaintiffs, remarked that the ruling is a crucial step for ensuring due process and protecting the rights of individuals within the U.S. “President Trump is bound by the laws of this nation,” she stated, emphasizing that wartime powers should not be misapplied in a time of peace.
Chief Judge Boasberg has indicated his commitment to determining whether the government disregarded his order regarding the deportations. The Trump administration has claimed a “state secrets privilege” and has withheld further information from Boasberg about the deportations, escalating the tension surrounding this legal battle. Additionally, Trump and his supporters have suggested impeachment for Boasberg, a call that was met with resistance from Supreme Court Chief Justice John Roberts, who stated that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
The Alien Enemies Act allows for the deportation of noncitizens without the chance for a hearing before an immigration or federal court judge. However, Boasberg ruled that immigrants facing deportation should have the opportunity to contest their classifications as alleged gang members, reinforcing the public interest in preventing wrongful deportations based on potentially erroneous categories.
