A U.S. appeals court on Wednesday denied a request from the Trump administration to lift a lower court’s order that bars summary deportations of undocumented migrants under a 200-year-old wartime law.
A three-judge panel of the U.S. Court of Appeals voted 2-1 to uphold the temporary ban on deportations carried out under the 1798 Alien Enemies Act (AEA).
Judge Karen Henderson wrote, “The government’s suggestion that judicial review of the Alien Enemies Act is categorically foreclosed is incorrect.” She added that the government has yet to demonstrate a strong likelihood of success on the merits of its case. Henderson, appointed by Republican President George H.W. Bush, was joined by Judge Patricia Millett, appointed by Democratic President Barack Obama, in voting to maintain the ban. Judge Justin Walker, appointed by President Donald Trump, dissented.
The case centers around Trump’s use of the AEA, which has been invoked only during the War of 1812, World War I, and World War II. On March 15, Trump ordered the deportation of two planeloads of alleged members of the Venezuelan gang Tren de Aragua to a prison in El Salvador under the AEA.
Following these deportations, U.S. District Court Chief Judge James Boasberg issued a restraining order blocking further deportations under the AEA. The Justice Department quickly appealed the ruling.
Millett expressed concern that the Venezuelan immigrants were being deported without any legal process or opportunity to contest the government’s allegations. She remarked, “If the government can abandon fair process for some, it can do so for everyone.”
Attorneys for the deported Venezuelans have argued that their clients were not gang members and had committed no crimes, with some suggesting that tattoos were the primary basis for their deportation.
During a hearing on Monday, Millett remarked, “Nazis got better treatment” from the U.S. during World War II, referring to the lack of legal due process for the deported individuals.
Justice Department attorney Drew Ensign argued that the judge’s order represented an unprecedented challenge to executive powers, particularly the president’s authority over wartime and foreign affairs.
The AEA grants the government sweeping powers to detain citizens of a “hostile nation” during wartime. Lee Gelernt, an attorney with the ACLU, which is suing over the deportations, argued that the Trump administration was using the law to bypass immigration proceedings.
Boasberg has ruled that migrants potentially facing deportation under the AEA should have the right to individualized hearings to determine whether the law applies to them.
The case has drawn attention to potential constitutional concerns, as experts worry that the administration could defy the court order, potentially triggering a constitutional crisis.
AFP
