Trump’s Use of Alien Enemies Act Temporarily Blocked by Appeals Court

President Donald Trump’s attempt to use the Alien Enemies Act to quickly deport suspected members of the Venezuelan gang Tren de Aragua has been temporarily blocked by a 2–1 ruling from the DC Circuit Court of Appeals. The court upheld two lower court orders that prevent Trump from using the law while the case proceeds.

The controversy began after Judge James Boasberg issued emergency orders on March 15 halting deportations. Despite this, two deportation flights departed, prompting questions about whether his ruling was ignored. Trump has since called for Boasberg’s impeachment, leading to rare criticism from Chief Justice John Roberts.

The Alien Enemies Act, from 1798, allows the president to deport non-citizens during wartime or threats of invasion. Trump invoked it to target undocumented migrants linked to the gang. Critics argue it’s being misused and puts innocent people at risk of torture in Venezuelan prisons.

Judges Karen Henderson and Patricia Millett supported keeping the orders in place. Henderson warned that lifting the injunction could lead to deportations without notice, possibly sending people to countries they’ve never lived in. Millett noted the importance of maintaining the status quo until key legal questions are answered.

Judge Justin Walker, a Trump appointee, dissented, arguing the case should be heard in Texas, not Washington, and warned the district court’s orders could damage national security and foreign relations. The administration is expected to appeal to the U.S. Supreme Court. A full ruling on the law’s use is still pending.