- Appeals court hearing challenges to wartime law deportations of 247 migrants
- First modern use of 1798 Alien Enemies Act against non-state actors
- Judge blocked removals after ICE admitted 38% had no criminal records
- Case could reach Supreme Court with major separation of powers implications
The DC Circuit Court confronts a landmark constitutional clash as Trump administration lawyers argue for expanded presidential authority under the rarely used Alien Enemies Act. Legal historians note this 223-year-old statute has only been invoked three times previously – during the War of 1812, WWII, and post-9/11 era. The current case marks its first application against individuals not directly tied to an enemy nation-state.
Immigration advocates warn a favorable ruling would create dangerous precedent. This isn’t about one gang – it’s about creating an end-run around due process protections,said ACLU attorney María González. Recent ICE data shows 92 deportation orders under the act targeted Venezuelan nationals, despite the White House never formally designating Venezuela as an enemy state. Legal analysts suggest the administration is testing boundaries of emergency powers ahead of potential future migration surges.
Regional impacts continue unfolding in Central America. Salvadoran officials confirmed receiving 83 deportees now held in maximum-security facilities originally built for MS-13 leaders. Human Rights Watch documented 14 cases of improper medical care at the Tecoluca detention center. We’re seeing due process violations compound into humanitarian crises,said researcher Eduardo Morales.
Judge Boasberg’s temporary restraining order revealed startling enforcement patterns. ICE records show 42% of those deported under the act had pending asylum applications, while 22% had U.S.-born children. The administration maintains its position that gang affiliation constitutes enemy combatantstatus, despite no congressional declaration of war. Legal precedent from Youngstown Sheet & Tube v. Sawyer suggests courts may limit this interpretation.
As the case progresses, immigration attorneys are preparing for multiple scenarios. A Supreme Court review could redefine presidential authority for generations,noted constitutional scholar Michael Harper. With 38 pending deportation cases on hold, the ruling’s practical effects extend beyond Venezuela – DHS has reportedly identified 700+ potential candidates from 12 nations for similar proceedings.
