DC Court to Hear Arguments on Trump Administration’s Use of Wartime Law for Venezuelan Deportations
In a second order filed on the evening of March 20th, Boasberg criticized the administration for missing its deadline. (Markus Spiske/Unsplash)
The DC Circuit Court will hear oral arguments on March 31st to decide whether a lower court can properly address the Trump administration’s efforts to deport Venezuelan nationals under the 1798 Alien Enemies Act, a controversial move linked to national security concerns.
Article by Stella Smith, Associate White House Correspondent
WASHINGTON - A Washington, DC Circuit Court will hear oral arguments Monday to determine if a lower court can appropriately handle the Trump administration’s efforts to deport Venezuelan nationals under a wartime law from 1798.
The Trump administration has called these efforts a “massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens who pose threats to the American people.” This comes in the wake of President Trump’s efforts to bolster ICE enforcement operations following several immigration-related executive orders signed in his first few months of presidency.
Two weeks ago, DC-based Judge James Boasberg issued an order to immediately stop any deportations of Venezuelan nationals to El Salvador. Despite this, a plane carrying hundreds of US migrants and Venezuelan nationals still departed the nation, landing in El Salvador a few hours later.
The Trump administration justified these deportations by invoking the Alien Enemies Act for the first time since World War II, a 1798 wartime law which allows noncitizens to be deported without the opportunity to go before an immigration or federal court judge. President Trump has identified the Tren de Aragua gang as an “invading force,” using this perceived national security threat as grounds for the deportations under this legislature.
On the evening of March 17th, Boasberg held a fact-finding hearing in which he ordered the Trump administration to submit more information on the flights, including the number of people on each plane, where they landed, and what times they took off. As of March 19th, the Trump administration had failed to comply, citing national security issues and calling these requests “intrusive inquiries that could hamper negotiations in the future.”
In a second order filed on the evening of March 20th, Boasberg criticized the administration for missing its deadline. He noted that instead of providing the requested information, the government submitted a six-paragraph declaration from a regional ICE office director in Harlingen, Texas. This submission notified the court that Cabinet secretaries are “actively considering whether to invoke the state secrets [act] privileges over the other facts requested by the Court’s order.” Boasberg referred to the document as “woefully insufficient.”
Oral arguments on the case are set to begin Monday, March 31st, with Judges Karen Henderson, Patricia Millet, and Justin Walker presiding.