Appeals Court Maintains Block on Trump’s Deportation Flights Under Alien Enemies Act

A federal appeals court in Washington on Wednesday upheld a block on the Trump administration’s use of the Alien Enemies Act to summarily deport Venezuelan migrants accused of being members of a violent street gang. The court ruled that the migrants were likely to succeed in their claims that the government cannot transfer them to a prison in El Salvador without a hearing.

The decision is a setback for the Trump administration’s immigration agenda, but the underlying order is set to expire soon. Additional proceedings will determine whether a longer injunction will be issued by Judge James E. Boasberg.

In March, Judge Boasberg issued a restraining order preventing the use of the Alien Enemies Act to remove Venezuelans accused of gang membership. The order does not prevent their detention or deportation after hearings under normal immigration law.

Judge Boasberg is also investigating whether the Justice Department violated his order by transferring Venezuelans to El Salvador. The ACLU lawyer representing the migrants praised the appeals court for maintaining the restraining order.

The case has raised concerns over the Trump administration’s use of the Alien Enemies Act for mass deportations. The appellate panel focused on the legitimacy of the restraining order, ignoring broader political issues.

Judge Henderson doubted the application of the Alien Enemies Act in this context and rejected the government’s claim that it falls outside judicial powers due to foreign relations implications.

Judge Millett emphasized due process rights for accused gang members and supported pausing the use of the Alien Enemies Act for further evaluation. Judge Walker dissented, arguing the case should be heard in Texas.

The Alien Enemies Act allows removal of foreign citizens in certain circumstances, but doubts remain about the applicability to the current situation.

The Alien Enemies Act invoked by Trump has historical origins in wartime scenarios, but its use for mass deportations is controversial. Assessments suggest the gang may not be under Venezuelan government control as claimed by the administration.