Appeals Court Blocks Trump Administration's Deportation Flights in Alien Enemies Act Case

A federal appellate court has turned up the heat on the Trump administration, declining to issue a stay on a lower court's ruling that blocked deportation flights under the Alien Enemies Act—a wartime relic from 1798. The case challenges the administration's authority to use this law to deport Venezuelan nationals, including alleged gang members from Tren de Aragua (TdA).

In a 2-1 decision, a three-judge panel sided with the plaintiffs, further obstructing plans to swiftly remove certain migrants from U.S. soil. Judges Karen Henderson, Patricia Millett, and Justin Walker presided over oral arguments Monday, with Millett—an Obama appointee—taking center stage in questioning the administration's legal approach. Her sharp exchanges with Justice Department lawyer Drew Ensign highlighted concerns over whether constitutional due process protections were violated.

Judge Henderson, a Bush appointee, agreed in her concurring opinion, stating, "At this early stage, the government has yet to show a likelihood of success on the merits." She noted that the district court's restraining orders were essential to preserve judicial oversight long enough to weigh the arguments. Ouch. That’s got to sting for the administration.

The ruling could eventually head to the Supreme Court, but Attorney General Pam Bondi isn’t sitting quietly. She criticized the lower courts for meddling in immigration matters, claiming in a fiery Fox News interview that federal judges are overstepping their bounds. Bondi vowed to take the fight all the way to the nation’s highest court if necessary.

At the heart of the issue is whether the Trump administration can justify invoking the Alien Enemies Act to deport Venezuelan nationals—some allegedly tied to gang activities—without allowing them time to challenge their deportation status. Judge James Boasberg issued a temporary restraining order last weekend, stopping these flights, and even demanded that planes carrying deportees be returned to the U.S. (Spoiler: they weren’t). The administration called his ruling a "massive, unauthorized imposition" on executive power, prompting an emergency appeal.

The drama didn’t end there. Boasberg pressed the administration for more information about the flights, but the Justice Department refused to comply, citing concerns that revealing details could interfere with future negotiations. Let’s just say Boasberg wasn’t impressed. "The government isn’t being forthcoming," he said, promising to investigate whether his order was intentionally violated and what consequences should follow.

Meanwhile, the judges grilled Justice Department lawyers during Monday's hearing, questioning the timing of deportations and whether affected individuals had any meaningful chance to seek legal relief. Millett didn’t mince words, pointing out that the administration’s argument misreads both the Constitution and the Alien Enemies Act. "The president has to comply with the Constitution and laws like everybody else," she said, delivering what might just be the legal equivalent of a mic drop.

As the case unfolds, it’s clear this legal battle is about more than deportation—it’s a tug-of-war over presidential powers, judicial oversight, and the limits of wartime laws in the modern age. Stay tuned; this one’s heading for a showdown.