President Donald Trump’s capacity to rapidly deport individuals suspected of being affiliated with a Venezuelan gang under the Alien Enemies Act has been temporarily halted by a split decision from a federal appeals court.
On Wednesday, a panel from the DC Circuit Court of Appeals ruled 2-1, allowing two lower court orders that prevent Trump from exercising this broad wartime authority to remain in place while a legal challenge regarding the president’s application of the law is ongoing.
Since the orders were issued on March 15 by US District Judge James Boasberg, which restrict the use of the Alien Enemies Act for deportations, they have sparked significant legal and political debate. Concerns have arisen regarding whether Boasberg’s court order was intentionally ignored, particularly after two flights carrying individuals deported under the act departed during an emergency hearing and did not return. Boasberg and the Justice Department have since been in dispute over the DOJ’s unwillingness to disclose further information about these flights, while Trump has called for Boasberg’s impeachment, prompting a rare rebuke from Chief Justice John Roberts.