A federal appeals court has refused to pause a lower court’s rulings in a case challenging the Trump administration’s use of an 18th-century wartime law to deport Venezuelan nationals. The 2-1 decision by the D.C. Circuit Court of Appeals represents a significant blow to the administration’s immigration enforcement efforts under the rarely used 1798 Alien Enemies Act.
Judges Karen Henderson, Patricia Millett, and Justin Walker heard oral arguments earlier this week, agreeing to expedite the case. Judge Millett, appointed by President Obama, questioned whether the administration had violated constitutional due process by potentially denying deportees time to seek legal protection through habeas corpus. The Justice Department is expected to appeal.
Legal experts say the case is deeply procedural, focused more on judicial oversight than on the statute itself. Xochitl Hinojosa, a former DOJ official, explained on CNN that the core dispute lies between the Justice Department and the district court judge requesting more clarity before enforcement could proceed. The Justice Department’s resistance to that pause has brought the issue to the appellate level.
Critics argue the Trump administration aims to expand deportation powers with minimal judicial checks and is banking on a favorable outcome from the Supreme Court. With more Republican-appointed justices on the bench, supporters like Attorney General Pam Bondi have voiced confidence in the case’s prospects. Bondi condemned the lower courts, claiming, “This is an out-of-control judge trying to dictate foreign policy—and he cannot do it.”
