In a legal challenge against the Trump administration’s authority to deport Venezuelan nationals under a 1798 wartime statute, a federal appellate court declined to suspend the lower court’s orders.
The Trump administration’s deportation efforts faced another setback when a three-judge panel ruled 2-1 in favor of the plaintiffs in the case.
On Monday, oral arguments were presented before Judges Karen Henderson, Patricia Millett, and Justin Walker of the D.C. Circuit Court of Appeals, who had agreed to expedite the case just a week prior.
Millett, appointed by Obama, sided with the plaintiffs and engaged in a lively exchange during the hearing. She questioned whether the Trump administration had infringed upon constitutional due process rights by potentially not allowing sufficient time for those targeted for deportation to seek habeas protections, as well as the administration’s approach to enforcing the relevant law, in discussions with Justice Department attorney Drew Ensign.
It is highly likely that the Trump administration will appeal the ruling.
During a CNN panel discussion, a legal analyst suggested that if this case reaches the U.S. Supreme Court, it could have significant implications for Democrats.
Xochitl Hinojosa, a former DOJ Public Affairs director, remarked, “This case has been unprecedented from the start. The D.C. Circuit is addressing a very technical issue. They’re not ruling on the Alien Enemies Act itself but rather on a dispute between Judge Boasberg and the Department of Justice. The DOJ and the administration invoked an 18th-century statute.”
“The judge essentially said, ‘Hold on, I need more information on this, as it hasn’t been used in a long time.’ The Justice Department was uncooperative, leading to the current appeal at the D.C. Circuit. This is very much a matter of process. Generally speaking, I don’t believe the Justice Department will prevail. However, given the unprecedented nature of this situation—ranging from calls to impeach the judge to the DOJ leadership endorsing these filings, which is highly unusual—it’s evident that politics are at play, and it’s uncertain how the final judge will rule,” she added.
“And it could all hinge on that. Depending on the outcome, if Trump prevails, it would be a victory in this specific context, though not overall. His hope is that this ultimately reaches the Supreme Court, right?” host Erin Burnett inquired.
“That’s their goal. The Trump administration seeks greater authority and the ability to carry out deportations with minimal judicial oversight. That’s the current situation,” stated Marc Caputo, a senior reporter at Axios.
“The Trump administration believes the law is on their side, and they feel the Supreme Court’s composition favors them, given that Republican-appointed justices outnumber their Democratic counterparts. To them, these two factors are essentially decisive,” Caputo concluded.
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