A divided federal appeals court has upheld a temporary block on President Donald Trump’s use of the Alien Enemies Act to expedite the deportation of alleged member of the Venezuelan gang, Tren de Aragua. The DC Circuit Court of Appeals ruled 2-1 that lower-court orders preventing the use of the wartime law can remain in effect as a legal challenge unfolds.
The controversy began when U.S. District Judge James Boasberg issued orders on March 15 blocking deportations under the Alien Enemies Act. Despite these orders, two deportation flights took off from the U.S. raising questions about whether Boasberg’s directive was ignored. This led to back-and-forth between the Justice Department (DOJ) and Boasberg, with Trump even suggesting Boasberg’s impeachment, prompting a rare rebuke from Supreme Court Chief Justice John Roberts.
The Alien Enemies Act, dating back to 1798, grants the president broad powers to deport undocumented immigrants during wartime or national emergencies. Trump’s use of the law aimed to speed up deportations of alleged members of the Tren de Aragua gang.
Justices Patricia Millett and Karen Henderson, both part of the majority on the circuit court, emphasized the risk of deporting individuals to countries where they could face torture or mistreatment. Henderson noted that deporting individuals before legal proceedings could result in serious harm, while Millett stressed the need to preserve the status quo until the case is fully examined.
Justice Justin Walker, a Trump appointee, dissented, claiming that the case should be handled in Texas, not Washington, DC, and that the administration’s interests outweighed the plaintiffs’ claims. The Justice Department is expected to appeal the ruling to the U.S. Supreme Court. As the legal proceedings continue, Boasberg’s court will further review the merits of Trump’s use of the Alien Enemies Act for these deportations. For more information on this, and other top immigration stories, contact the attorneys at Prime Path Immigration Law Firm Limited USA today.
References:
Cole, Devan. “Federal appeals court maintains temporary block on Trump’s use of Alien Enemies Act for deportations” March 26, 2025.
