In a case challenging the Trump administration’s authority to deport Venezuelan nationals under a 1798 wartime law, a federal appellate court declined to stay the orders issued by a lower court.
The administration’s deportation efforts faced further setbacks when a three-judge panel ruled 2-1 in favor of the plaintiffs in the lawsuit.
Oral arguments were presented on Monday before Judges Karen Henderson, Patricia Millett, and Justin Walker of the D.C. Circuit Court of Appeals, who had agreed to expedite the case last week.
Judge Millett, appointed by Obama, sided with the plaintiffs and engaged in a discussion regarding whether the Trump administration had potentially violated constitutional due process rights by not allowing sufficient time for those targeted for deportation to seek habeas protections. She also questioned the administration’s implementation of the relevant law, engaging with Justice Department attorney Drew Ensign.
It is highly likely that the Trump administration will appeal this decision.
During a CNN panel discussion, a legal analyst suggested that if the case reaches the U.S. Supreme Court, it could have significant implications for Democrats.
Xochitl Hinojosa, a former DOJ director of Public Affairs, 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 invoked an 18th-century statute.”
She continued, “The judge essentially said, ‘Hold on, I need more information on this,’ and issued a temporary restraining order. The Justice Department was uncooperative, leading to the current appeal at the D.C. Circuit. This is very much a process-oriented issue. Generally, I don’t think the DOJ would be successful, but given the unprecedented nature of this case, including calls to impeach the judge and unusual involvement from DOJ leadership, it’s clear that politics are at play, and it’s uncertain how the final ruling will go.”
Host Erin Burnett asked, “Could it all hinge on that? If Trump wins, would that be a victory in this specific context?”
Marc Caputo, a senior reporter at Axios, responded, “That’s where they want it to end up. The Trump administration seeks greater power and the ability to conduct deportations with minimal judicial oversight.”
He added, “The Trump administration believes the law is on their side, and the Supreme Court’s composition favors them, with more Republican-appointed justices than Democrats. To them, those two factors are essentially decisive.”
WATCH:
