A federal appeals court in a 2-1 decision Wednesday refused to lift U.S. District Judge James Boasberg’s order blocking the Trump administration from swiftly deporting migrants under the Alien Enemies Act.
The Justice Department had urged the three-judge panel on the U.S. Circuit Court of Appeals for the D.C. Circuit to immediately block Boasberg’s order, casting it as an intrusion on the president’s executive authority over national security.
The case has attracted significant attention after the administration leveraged the rarely used law to quickly deport hundreds of migrants officials claim are Venezuelan gang members to a notorious El Salvador prison.
The Alien Enemies Act can only be invoked amid a declared war or an “invasion” by a foreign nation. The law has been leveraged just three previous times, all during wars, but Trump contends he can use it because the Venezuelan gang Tren de Aragua is effectively invading the United States.
“The theme that rings true is that an invasion is a military affair, not one of migration,” U.S. Circuit Judge Karen Henderson, an appointee of President George H.W. Bush, pushed back in her solo opinion.
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https://thehill.com/regulation/court-battles/5215883-appeals-court-boasberg-alien-enemies-act/amp/