The DOJ sought emergency relief from a federal appeals court to let officials summarily deport people under the Alien Enemies Act while litigation continues.
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alien-enemies-act-appeals-court-ruling-trump-rcna197867
The D.C. Circuit panel split 2-1 on Wednesday against the administration, with each judge explaining themselves separately. Judges Karen LeCraft Henderson and Patricia Millet, appointed by Presidents George H.W. Bush and Barack Obama respectively, published concurring statements, while Trump appointee Justice Walker wrote a dissent saying the administration was entitled to relief pending appeal, reasoning in part that “sensitive matters of foreign affairs and national security are at stake.”
Henderson wrote that the government wasn’t entitled to relief at this early stage and that Boasberg entered the restraining orders “for a quintessentially valid purpose: to protect its remedial authority long enough to consider the parties’ arguments.” Millet added that the trial judge “has been handling this matter with great expedition and circumspection, and its orders do nothing more than freeze the status quo until weighty and unprecedented legal issues can be addressed through a soon-forthcoming preliminary injunction proceeding.”
Boasberg didn’t order deportations halted across the board; rather, he temporarily constrained Trump’s authority to summarily deport people under the rarely used act. It was invoked three times before in U.S. history, all during declared wars. The government can still deport people under other legal authorities.
Opposing the government’s attempt to upend Boasberg’s orders, plaintiff lawyers with the American Civil Liberties Union wrote ahead of the hearing that Trump’s “invocation of the Act against a gang cannot be squared with the explicit terms of the statute requiring a declared war or invasion by foreign government.”
They called the implications of Trump’s argument “staggering,” writing that “if the President can designate any group as enemy aliens under the Act, and that designation is unreviewable, then there is no limit on who can be sent to a Salvadoran prison, or any limit on how long they will remain there.”
Boasberg is separately examining whether officials deliberately flouted his orders. Trump called for the judge’s impeachment, after which Chief Justice John Roberts issued a rare statement generally condemning such calls, which the president and his allies, including Elon Musk, have made in response to court rulings against the administration.
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