A federal appeals court has decided not to lift a federal judge’s order that prevents the Trump administration from deporting Venezuelan migrants to El Salvador. This ruling comes under an old wartime law from 1798 known as the Alien Enemies Act.
The U.S. Court of Appeals for the District of Columbia Circuit, in a split decision, upheld a previous order that temporarily stops deportations. This law, which hadn’t been invoked since World War II, was used by President Trump to deport hundreds of people who were part of what his administration labeled as the Tren de Aragua gang.
The Justice Department had sought to overturn this decision after U.S. District Judge James Boasberg blocked further deportations and required that Venezuelan immigrants be allowed to return to the U.S. However, that order has not yet been carried out.
The American Civil Liberties Union (ACLU) filed the original lawsuit on behalf of several Venezuelans who were detained in Texas. This case has spotlighted the growing tensions between the White House and the judicial system.
Judges Karen LeCraft Henderson and Patricia Millett voted against the government’s bid to lift the deportation ban, citing the need for further legal examination. Judge Henderson pointed out that lifting the ban could unfairly send these migrants back to a country they do not consider home.
Judge Justin Walker, a Trump appointee, dissented, saying the claims should be heard in Texas, where the detainees currently are. He also argued that the district court’s orders could harm national security negotiations.
The president of Democracy Forward, Skye Perryman, stated that the ruling is significant for due process and safeguarding the rights of the American people. She emphasized that Trump must adhere to U.S. laws, which do not allow for the use of wartime powers for immigration enforcement when the country is not at war.
Judge Boasberg intends to investigate whether the government has followed his orders regarding deportations, amid claims of “state secrets privilege” that have limited the information provided to him.
Trump and his supporters have suggested that Judge Boasberg should be impeached over his ruling. However, Chief Justice John Roberts stated that impeachment is not an appropriate response to judicial disagreements.
The Alien Enemies Act permits the government to deport noncitizens without a court hearing. Judge Boasberg, however, ruled that those facing deportation should have the right to contest their classifications as gang members, highlighting the importance of ensuring that people are not wrongly deported for accusations they cannot challenge.
