Appeals court declines to lift judge's order blocking deportation flights under Alien Enemies Act

Republicans have criticized Boasberg as allegedly overstepping his power by questioning President Donald Trump's national security authority.

Published: March 26, 2025 4:33pm

Updated: March 26, 2025 4:44pm

A federal appeals court on Wednesday rejected the Trump administration's request to lift a hold on deportation flights under the war-time Alien Enemies Act. 

U.S. District Court Judge James Boasberg earlier this month issued an order temporarily blocking the Trump administration from using the 1798 act to deport illegal migrants, who were allegedly members of the Venezuelan gang Tren de Aragua. But two flights with alleged gang members were already in the air at the time.

Republicans have criticized Boasberg as allegedly overstepping his power by questioning President Donald Trump's national security authority. 

The 2-1 ruling comes after the judges heard arguments in the case on Monday.

The ruling was issued in three separate opinions, with one Justice raising questions about whether the administration can invoke the wartime power, and another stating that the court did not have the authority to overturn the order since it was temporary, according to The Hill

The third judge, U.S. Circuit Judge Justin Walker who dissented, said that migrants should have challenged the deportation order in Texas. 

“And whatever public interest exists for the Plaintiffs to have their day in court, they can have that day in court where the rules of habeas require them to bring their suit — in Texas,” Walker wrote. 

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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