the staff of the Ridgewood blog
Washington DC, in a closely watched legal battle, a federal appeals court has upheld a temporary block on the Trump administration’s attempt to use the Alien Enemies Act of 1798 to expedite the deportation of certain Venezuelan immigrants. The 2-1 decision by the D.C. Circuit Court of Appeals supports U.S. District Judge James Boasberg’s earlier order that temporarily halted these deportations.
The administration had invoked the Alien Enemies Act—a statute dating back to 1798 that grants the president authority to detain or deport nationals of enemy countries during wartime—to deport over 200 alleged members of the Venezuelan gang Tren de Aragua. This move marked a rare application of the law, which has historically been used during declared wars against nation-states, not non-state actors like criminal gangs.
During the appeals court hearing, Judge Patricia Millett expressed strong reservations about the administration’s actions, stating that “Nazis got better treatment under the Alien Enemies Act.” She highlighted that during World War II, alleged Nazis were provided hearings and due process, whereas the Venezuelan migrants were deported without such procedures.
The court’s decision underscores the judiciary’s role in checking executive actions, especially when they involve longstanding statutes with significant implications for individual rights. The administration’s use of the Alien Enemies Act in this context has sparked debate over its appropriateness, given that the law was originally intended for use during formal wars against enemy nations.
Legal experts note that this ruling may set a precedent for how such statutes can be applied in modern contexts, particularly concerning non-state actors and organizations. The administration has not yet indicated whether it will seek a review from the U.S. Supreme Court, which could be the next step in this legal process.
This case highlights the ongoing tension between national security measures and the protection of individual rights, a balance that courts continue to navigate in an evolving legal landscape.
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