BREAKING: Federal appeals court announces ruling on Trump administration’s deportation flights

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From Reuters: A U.S. appeals court on Wednesday upheld a lower court’s temporary block on the Trump administration’s deportation of some Venezuelan immigrants under a little-used 18th century law.

The decision by the U.S. Circuit Court of Appeals for the D.C. Circuit marks a defeat for Republican President Donald Trump, who argued U.S. District Judge James Boasberg’s two-week ban on deportations under the 1798 Alien Enemies Act encroached on the executive’s authority to make national security decisions.

A three-judge panel voted 2-1 to uphold Boasberg’s block on deportations, with U.S. Circuit Judge Justin Walker – who was appointed by Trump during his first term – dissenting.

Trump invoked the 1798 Alien Enemies Act on March 15 to swiftly deport alleged members of the Venezuelan gang Tren de Aragua, attempting to speed up removals with a law best known for its use to intern Japanese, Italian and German immigrants during World War Two.

The report notes that family members of many of the deported Venezuelan illegal aliens claim they had no affiliation to the TdA gang.

Sharing details of the two judges who ruled against the Trump administration, Reuters further writes:

U.S. Circuit Judge Patricia Millett, an appointee of Democratic President Barack Obama, said the government was not affording the migrants the chance to contest the government’s assertion that they were members of Tren de Aragua before deporting them.

U.S. Circuit Judge Karen Henderson, an appointee of Republican President George H.W. Bush, said it was not clear that Tren de Aragua’s presence in the United States constituted an act of war as contemplated by the Alien Enemies Act.

“An invasion is a military affair, not one of migration,” Henderson wrote.

Journalist Julie Kelly posted the following commentary:

Skimming DC appellate opinion denying Trump adm motion to put on hold Boasberg’s ban on deporting suspected Venezuelan terrorists. Two judges–Karen Henderson (GHWB) and Patricia Millett (Obama) agreed to deny the request. (Henderson also was one of 3 DC appellate judges reversed by SCOTUS in the presidential immunity case.)

They cover jurisdiction, case law, etc.

But they also delve into the definition of words in the Alien Enemies Act. They conclude a steady stream of illegals from an enemy state tied to a dangerous deadly gang don’t meet the definitions in the AEA.

“Early American caselaw sounds a similar theme: incursions referred to violent conflict. Like its statutory counterparts, predatory incursion referred to a form of hostilities against the United States by another nation-state, a form of attack short of war. Migration alone did not suffice.”

Illegal Venezuelans establishing a foothold in at least 16 states while committing major crimes including the murder of young women apparently does not count.

Kelly pointed to bizarre a line in the court’s ruling which reads: “Lifting the injunctions risks exiling plaintiffs to a land that is not their country of origin.”

“The appellate judges–like Boasberg–are very worried how the illegals gang bangers will be treated in an El Salvador prison. And I’m sorry but this sentence made me LOL. THEY ARE IN AMERICA ILLEGALLY,” she wrote.

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