25 Mar 2025

DOJ Asks Appeals Court to Overturn District Court Orders Against Deportations Under Alien Enemies Act

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Donald Trump’s regime asked a federal Court of Appeals to overturn Federal District Court Judge James Boasberg’s temporary restraining orders that currently block deportation of Venezuelans by invoking the Alien Enemies Act.

Normally, temporary restraining orders are not appealable. A case usually has to progress to an injunction before appeals are filed.

The Court of Appeals for the D.C. Circuit heard arguments about the filing. Appeals Court Judge Patricia Millett was skeptical of the government’s stance. She said, “There were plane loads of people. There were no procedures in place to notify people. Nazis got better treatment under the Alien Enemies Act.”

Nazis got to go before hearing boards and were subject to regulations. Venezuelans flown to a notorious prison in El Salvador got nothing comparable.

Millett said, “There’s no regulations, and nothing was adopted by the agency officials that were administering this. They people weren’t given notice. They weren’t told where they were going. They were given those people on those planes on that Saturday and had no opportunity to file habeas or any type of action to challenge the removal under the AEA. What’s factually wrong about what I said?”

Deputy Assistant Attorney General Drew Ensign replied, “Well, Your Honor, we certainly dispute the Nazi analogy.”

The two verbally sparred, with the transcript showing Ensign not faring well.

The Alien Enemies Act of 1798 has only been used three times before this, always during a declared war. It is worded to be applicable only during wartime or when being invaded, and it is written to target people the government believes are associated with the nation that is the adversary in such a situation. The USA is not in a declared war and is not being invaded, and Donald Trump is applying the Act against alleged members of a gang rather than agents of the Venezuelan government.

The Appeals Court is expected to rule within a matter of days.

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