On Wednesday, a U.S. appeals court denied the Trump administration’s request to lift a lower court order that prevented the summary deportation of undocumented immigrants under the 1798 Alien Enemies Act (AEA), a law with roots dating back over 200 years.
In a 2-1 decision, a three-judge panel of the U.S. Court of Appeals upheld the temporary deportation ban imposed by the AEA, a law previously used during the War of 1812, World War I, and World War II. Judge Karen Henderson, appointed by Republican President George H.W. Bush, stated that the government’s argument against judicial review of the AEA was “incorrect” and emphasized that the administration had not shown a strong case for success.
Judge Patricia Millett, a Barack Obama appointee, agreed to maintain the ban. Judge Justin Walker, appointed by Donald Trump, dissented.
This ruling follows the Trump administration’s March 15 deportation of individuals alleged to be members of the Venezuelan gang Tren de Aragua, who were sent to El Salvador using the AEA. U.S. District Judge James Boasberg issued a temporary restraining order on the same day, halting further deportations under the AEA and calling for individualized hearings for the migrants involved.
Millett strongly criticized the government’s actions, pointing out that the deportations were being carried out without hearings or any chance for migrants to contest the accusations against them. “Nazis got better treatment,” she remarked during a court hearing, referencing the lack of due process.
Attorneys for the deported Venezuelans argued that their clients were not gang members and had been targeted primarily due to their tattoos. The Justice Department, however, argued that the court order overstepped by limiting the president’s wartime and foreign affairs powers.
Legal experts have raised concerns that the Trump administration could disregard the court’s decision, which might trigger a constitutional crisis.
