A federal appeals court declined to halt lower court rulings that challenged the Trump administration’s use of an 18th-century law, the Alien Enemies Act, to deport Venezuelan nationals. The D.C. Circuit Court of Appeals, in a 2–1 decision, sided with the plaintiffs, further pausing the deportation efforts.
Judge Patricia Millett, an Obama appointee, questioned whether the Trump administration had violated due process by not giving deportees time to seek legal protections. The case hinges more on legal procedures than on the constitutionality of the 1798 statute itself, and it’s expected the administration will appeal.
Legal analysts note the case is highly unusual and politically charged. Some believe if it reaches the conservative-leaning Supreme Court, it could favor Trump’s broader immigration agenda. Others, like former DOJ officials, argue the Justice Department is unlikely to prevail.
Attorney General Pam Bondi criticized the lower court rulings as judicial overreach into foreign policy. She pledged to take the case to the Supreme Court if needed, emphasizing the administration’s commitment to asserting control over immigration enforcement.