A federal appeals court has blocked the Trump administration’s request for a stay on lower court rulings that have blocked the deportation flights of Venezuelan nationals under the Alien Enemies Act, a wartime law dating back to 1798.
In a 2-1 ruling on Wednesday, a three-judge panel of the D.C. Circuit Court of Appeals sided with the plaintiffs, further limiting the Trump administration’s authority to move forward with its deportation flights.
The case was heard by Judges Karen Henderson, Patricia Millett, and Justin Walker, who presided over oral arguments on Monday after agreeing to fast-track the case.
During the hearing, Judge Millett, an Obama appointee, emerged as the most vocal critic of the administration’s legal position. She challenged Justice Department attorney Drew Ensign on whether the deportation process provided Venezuelan nationals with due process rights, particularly the opportunity to challenge their removal through habeas corpus petitions before being placed on deportation flights.
In a concurring opinion, Judge Henderson, a Bush appointee, justified the court’s refusal to issue a stay, arguing that the government had not demonstrated a likelihood of success on the merits:
“At this early stage, the government has yet to show a likelihood of success on the