In a case contesting the Trump administration’s power to deport Venezuelan nationals under a 1798 wartime law, a federal appellate court refused to stay the orders of a lower court.
The Trump administration’s deportation agenda was further halted when a three-judge panel sided with the plaintiffs in the lawsuit in a 2-1 ruling.
Oral arguments were heard Monday by D.C. Circuit Court of Appeals Judges Karen Henderson, Patricia Millett, and Justin Walker, who agreed to hear the case expeditiously last week.
Millett, an Obama appointee, aligned with the plaintiffs and engaged in a back-and-forth on Monday. She debated whether the Trump administration had violated constitutional due process rights by possibly not giving those who were targeted for deportation enough time to seek habeas protections, as well as how the administration was implementing the relevant law, with Justice Department attorney Drew Ensign.
It’s all but guaranteed that the Trump administration will appeal the case.
During the CNN panel discussion, a legal analyst argued that if this case made it to the U.S. Supreme Court, it could spell the end for Democrats.
Xochitl Hinojosa, a former DOJ director of Public Affairs, said, “This has been an unprecedented case from the beginning. The reality is, is that what the D.C. circuit is ruling on is a very technical matter. They‘re not ruling on the Alien Enemies Act. They‘re actually ruling when it comes to a fight between Judge Boasberg and the Department of Justice. Justice, the Department of Justice and the administration, they used a statute from the 18th century.”
“And essentially the judge said, hold on, wait a minute, issued a tro and said, I need some more information on this. This hasn‘t been used in a long time. I would like some more information. The Justice Department stonewalled and instead they ended up filing this appeal that is now at the D.C. Circuit. So it is very process-ori
