Court of Appeals to Weigh Trump Administration's Use of 1798 Law in Venezuelan Deportation Case

The Court of Appeals for the D.C. Circuit is set to hear oral arguments on Monday over the Trump administration's controversial attempt to deport Venezuelan nationals using a wartime law dating back to 1798. Yes, you read that right—1798. It seems like someone dusted off the history books for this one.

The administration had previously requested a stay following a March 15 court order that halted its efforts, labeling the decision as a "massive, unauthorized imposition" on the Executive's authority to remove individuals deemed threats to national security. The case has been a tug-of-war between executive power and judicial intervention.

The Trump administration's strategy involved invoking the 1798 wartime authority to deport Venezuelan nationals for 14 days, including alleged members of the Tren de Aragua gang. However, the plan ran into a legal blockade from Judge James Boasberg, who ordered an immediate halt to any deportations to El Salvador. Despite the ruling, a plane carrying migrants, including Venezuelans, reportedly landed in El Salvador mere hours later.

Judge Boasberg has been relentless in demanding clarity from the government. At a fact-finding hearing, he ordered the administration to disclose detailed information about the deportation flights—such as departure times, destinations, and passenger counts. The Justice Department, however, hinted at invoking the state secrets privilege, which has raised eyebrows about the transparency of the process.

As the administration resisted the demands, citing national security concerns, tensions escalated. Boasberg described the government’s submission—a brief six-paragraph declaration from a regional ICE director—as "woefully insufficient." Ouch.

The case has also stirred debates about the separation of powers. In a reply brief to the court, the government argued that the district court’s orders intruded on executive authority and could complicate future negotiations. Meanwhile, Judge Boasberg, unimpressed by missed deadlines, issued a strongly worded rebuke accusing the administration of evading its obligations.

The Monday hearing will be presided over by Judges Karen Henderson, Patricia Millett, and Justin Walker. Henderson, appointed by George H.W. Bush, and Walker, a Trump appointee, bring Republican perspectives to the bench, while Millett, appointed by Barack Obama, offers a Democratic viewpoint. The ideological mix is sure to keep things interesting.

So, will the 1798 law hold up in modern-day immigration policy? Or is it destined to be shelved as a relic of history? The Court of Appeals may soon provide the answer.