A federal appeals court has blocked the Trump administration from deporting Venezuelan nationals under a centuries-old wartime law, throwing a major wrench into its immigration enforcement plans.
Key Facts:
- A D.C. appeals court rejected the Trump administration’s emergency request to resume deportation flights.
- The case centers on the Alien Enemies Act, a 1798 law used to deport Venezuelan nationals, including alleged gang members.
- The court’s 2-1 ruling leaves in place a lower court order halting the deportations.
- Judge Millett, an Obama appointee, led aggressive questioning of the administration’s legal team during oral arguments.
- The Trump administration plans to appeal the ruling to the Supreme Court.
The Rest of The Story:
At the heart of the case is whether the Trump administration can use the Alien Enemies Act to quickly deport Venezuelan nationals believed to be associated with the Tren de Aragua gang.
U.S. District Judge James Boasberg issued a temporary restraining order blocking the flights, arguing that the individuals targeted were not given enough time to challenge their deportation.
The administration’s emergency appeal to the D.C. Circuit was denied in a 2-1 vote.
Judge Karen Henderson, although a Bush appointee, concurred with the decision, stating the government had not proven it would win the case or that blocking the deportations would cause irreparable harm.
Judge Millett criticized the administration’s timing and transparency, particularly its refusal to provide details on the flights and decision-making process.
Meanwhile, planes carrying deportees reportedly landed in El Salvador even after the court’s order, prompting further scrutiny and legal pressure.
The Justice Department hinted it may invoke the State Secrets Act to avoid disclosing sensitive information.
🚨 #BREAKING: DC’s federal appeals court just BLOCKED President Trump from deporting violent Venezuelan gang members via the Alien Enemies Act
SUPREME COURT MUST STEP IN NOW!
President Trump must be allowed to carry out his duty to protect Americans from foreign invaders… pic.twitter.com/nbQ8aOgbh3
— Nick Sortor (@nicksortor) March 26, 2025
Commentary:
This ruling is yet another example of the federal courts inserting themselves into matters of national security and immigration enforcement.
The Trump administration has a constitutional responsibility to protect Americans from foreign nationals who pose a threat—and that includes removing known gang members like those tied to the violent Tren de Aragua.
The Alien Enemies Act is not a new tool.
It’s a wartime law that has been on the books for over 200 years and gives the president the authority to act decisively when threats emerge.
President Trump used this law to deal with a growing concern: foreign criminals entering and operating within U.S. borders.
What’s alarming is that the courts are treating this executive action as though it’s routine deportation, rather than an urgent national security measure.
Judge Millett’s focus on procedural delays ignores the greater issue: these deportations were aimed at individuals posing serious risks to public safety.
Even more troubling is the district court’s apparent overreach in demanding detailed operational information from the executive branch.
The government’s reluctance to disclose that information is understandable—national security decisions cannot be micromanaged by unelected judges.
The next logical step is an emergency appeal to the Supreme Court.
There’s no reason the administration’s use of lawful wartime powers should be blocked by lower courts with little expertise in foreign threats.
The Supreme Court must weigh in and restore the president’s authority to protect Americans from dangerous actors.
The Bottom Line:
A federal appeals court has blocked the Trump administration’s deportation of Venezuelan nationals under the Alien Enemies Act.
The decision undermines efforts to quickly remove individuals tied to violent gangs.
The administration plans to appeal to the Supreme Court, where the final outcome will likely be decided.
This case will shape how future presidents can respond to foreign threats on U.S. soil.
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