President Donald Trump’s ability to swiftly deport suspected members of a Venezuelan gang under the Alien Enemies Act has been temporarily blocked by a divided federal appeals court.
On Wednesday, the DC Circuit Court of Appeals panel decided 2-1 that two lower court orders that prohibit Trump from using the broad wartime authority can remain in effect while a legal challenge to the president’s use of the law is pending.
Since they were issued on the evening of March 15, US District Judge James Boasberg’s orders prohibiting the use of the Alien Enemies Act for deportations have been at the center of a growing legal and political controversy. There are still concerns about whether Boasberg’s court order was willfully disregarded after two flights of individuals being deported under the act took off during an emergency hearing and failed to return.
Boasberg and the Justice Department have since argued over DOJ’s reluctance to provide additional details regarding the flights, and Trump has called for Boasberg’s impeachment. Chief Justice John Roberts issued a rare rebuke as a result.