Washington, Mar 27 (V7N) – A federal appeals court has upheld a temporary halt on the deportation of Venezuelans accused of being members of the Tren de Aragua crime gang under the Alien Enemies Act. The D.C. Circuit Court of Appeals ruled that the 1798 law grants the president authority to detain and deport nationals of countries at war with the U.S., but the court clarified that the law applies to foreign governments, not criminal organizations.

The three-judge panel explained that the government’s argument that members of a gang, rather than a foreign government, should be treated as an enemy did not align with the law’s intent. Judge Karen Henderson emphasized that the Alien Enemies Act was designed for cases of military invasions by foreign powers, not gangs.

Judge Patricia Millett, in her concurrence, stressed the importance of upholding legal requirements even when national interests are at stake, noting that abandoning fair processes could set dangerous precedents. Meanwhile, Judge Justin Walker, in a dissent, agreed with the Trump administration’s stance that the gang posed a threat, but agreed that the deportations should be paused during the legal proceedings.

This case marks a significant clash between the Trump administration's immigration policies and the judiciary’s role in determining federal policy. The Justice Department argues that the 1798 law gives Trump the authority to deport gang members he claims are part of an invasion, while critics question the application of this law in such cases.

In a related ruling, Chief U.S. District Judge James Boasberg determined that Venezuelans accused of being members of the gang should have an opportunity to contest their membership before being deported. He temporarily blocked deportation flights, although two flights with alleged gang members were carried out between the judge’s verbal order and written order.

The case continues to be closely watched as it raises broader questions about presidential power, immigration enforcement, and the protection of individuals’ rights in the U.S.

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