A divided federal appeals court panel ruled Wednesday that the Trump administration could not immediately use the 1798 Alien Enemies Act to quickly deport suspected members of the Venezuelan gang Tren de Aragua.
The 2-1 ruling was handed down two days after a contentious hearing before the DC Circuit Court of Appeals, in which the president’s admin tried to lift a 14-day stay imposed by DC US District Judge James Boasberg.
During the hearing, Judge Patricia Millett harshly questioned the Trump Justice Department about its handling of the deportations — at one point saying, “Nazis got better treatment under the Alien Enemies Act [during World War II] than has happened here.”
In her contribution to the court’s 92-page order and opinion, Millet wrote: “There is neither jurisdiction nor reason for this court to interfere at this very preliminary stage or to allow the government to singlehandedly moot the [migrants] claims by immediately removing them beyond the reach of their lawyers or the court.”
The panel’s swing vote, George H.W. Bush-appointed Judge Karen L. Henderson, noted that the text of the statute enacted by President John Adams referred to “a form of hostilities against the United States by another nation-state … Migration alone did not suffice.”
This is a developing story. Please check back for updates.
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