The U.S. Court of Appeals for the D.C. Circuit is scheduled to hear oral arguments on Monday regarding the ability of a lower court to prevent the Trump administration from utilizing a historic wartime statute to deport Venezuelan nationals, including those suspected of gang affiliations.
This case arises from the Trump administration’s attempt to apply the Alien Enemies Act of 1798, a wartime law, to deport Venezuelan nationals for a period of 14 days. The administration has cited national security issues, asserting that some of the individuals targeted for deportation are linked to Tren de Aragua (TdA), a transnational criminal organization.
On March 15, District Judge James Boasberg, appointed by President Barack Obama, issued a ruling that halted the deportations. In response, the administration promptly sought a stay pending appeal, characterizing the ruling as a significant and unauthorized encroachment on the Executive’s power to remove individuals deemed dangerous to the American populace.
Despite the judge’s order, a flight carrying hundreds of deportees, including Venezuelans removed under the 1798 statute, reportedly arrived in El Salvador just hours later. Judge Boasberg convened a fact-finding hearing on the evening of March 18, demanding further information from the administration. He instructed government officials to clarify whether deportations were conducted “solely on the basis” of the proclamation and requested detailed information about the number of individuals on each flight, the departure and destination points, and the exact times of departure.
The judge established a deadline of noon on Tuesday for the Trump administration to provide the requested information and scheduled a follow-up hearing for Friday. However, the administration failed to meet this deadline. In a brief submitted to the D.C. Circuit on March 20, the government contended that “the district court is continuing to attempt to pry sensitive information from the Government.”
All orders issued by the district court should be put on hold, and the Executive Branch’s status as a coequal branch of government must be acknowledged.
Officials contended that Boasberg’s requests represented “intrusive inquiries that could hinder future negotiations.”
Referencing national security issues, the administration indicated its inability to fully fulfill the court’s information request.
Subsequently, Boasberg permitted the information to be submitted confidentially by Thursday.
On Thursday evening, Boasberg issued another order, reproaching the administration for not adhering to the revised deadline.
He remarked that the government had “once again evaded its responsibilities” and described its response as “grossly inadequate.”
Rather than the comprehensive documentation Boasberg had mandated, the court received a six-paragraph statement from a regional director of Immigration and Customs Enforcement based in Harlingen, Texas.
The statement informed the court that Cabinet secretaries were “actively deliberating whether to invoke state secrets [act] privileges concerning the additional facts requested by the Court’s order.”
The matter regarding deportations is now under the jurisdiction of a three-judge panel. Judge Karen Henderson, appointed by President George H.W. Bush in 1990, and Judge Justin Walker, appointed by President Donald Trump in 2020, will hear the case alongside Judge Patricia Millett, nominated by President Obama in 2013.
The forthcoming hearing may establish the degree to which the Executive Branch can invoke historical wartime powers to carry out deportations in light of ongoing national security concerns.
