A federal appeals court in Washington, D.C. upholds a lower court order that temporarily blocks the Trump administration from deporting hundreds of Venezuelan migrants under the rarely-invoked Alien Enemies Act. The 2-1 decision, issued Wednesday, denies the administration’s request to lift the injunction placed by U.S. District Judge James Boasberg last month, citing constitutional and humanitarian concerns.
The Trump administration began deporting Venezuelan nationals in early February, claiming that intelligence reports linked some of them to the transnational criminal organization known as Tren de Aragua. Homeland Security officials argued that their removal was necessary to protect national security and public safety. The administration invoked the Alien Enemies Act of 1798, a wartime statute that allows the president to detain or remove citizens of hostile foreign nations during times of declared conflict or perceived threat.
Civil rights attorneys quickly filed suit on behalf of several Venezuelan migrants who had been detained or faced removal without due process. Judge Boasberg issued a temporary restraining order, arguing that the government’s interpretation of the Alien Enemies Act likely violated constitutional protections, including the right to a fair hearing and protection from arbitrary detention.
The Justice Department urged the U.S. Court of Appeals to lift Boasberg’s order, asserting that immigration enforcement falls squarely within the president’s powers during times of national crisis. The DOJ maintained that the migrants posed a threat based on classified evidence and that expedited removal was both lawful and necessary.
However, the appellate court, in a 2-1 ruling, sides with Boasberg and the plaintiffs. The majority opinion emphasizes that the Alien Enemies Act does not override constitutional guarantees or allow indefinite detention or removal based solely on national origin or association. The judges also note that the administration has not provided sufficient public evidence to justify invoking such an extraordinary legal mechanism.
Judge Marsha Feldman, writing for the majority, states, “Even in matters of national security, the government is not free to abandon the Constitution.” The ruling highlights the need for judicial oversight, even when the executive branch invokes broad wartime authorities.
In dissent, Judge Raymond Powell warns that the court is interfering with the president’s ability to respond to an evolving threat, particularly one involving violent transnational gangs. Powell argues that judicial delay risks undermining national security and the safety of American communities.
The decision comes amid a broader clash between immigration advocates and the Trump administration over expanded deportation policies. The administration’s effort to use the Alien Enemies Act is widely seen as an aggressive legal maneuver aimed at bypassing standard immigration proceedings. It marks the first time in over 70 years the law has been used for mass deportations.
Judge Boasberg is now expected to rule on whether a preliminary injunction will remain in effect throughout the trial. Legal experts anticipate a lengthy court battle that may ultimately reach the U.S. Supreme Court. In the meantime, the migrants affected by the order—many of whom are detained in Louisiana and Texas—will not be deported while litigation proceeds.
The ruling represents a critical setback for the Trump administration’s immigration strategy and a win for civil liberties advocates who argue the Alien Enemies Act has no place in modern immigration enforcement.
Sources:
https://youtu.be/b-HJk91LM6Q
https://youtu.be/bzJnqifM0Gs
