A U.S. appeals court has refused to allow the Trump administration to resume deportations of Venezuelan migrants under an obscure wartime law.

On Wednesday, March 26, 2025, a three-judge panel of the United States Court of Appeals voted 2-1 to keep in place a lower court’s ban on deportations carried out under the 1798 Alien Enemies Act, AEA, .

The ruling came after President Donald Trump invoked the rarely used law to deport alleged members of the Venezuelan gang Tren de Aragua, sending two planeloads of migrants to a prison in El Salvador on March 15.

That same day, District Judge James Boasberg issued a restraining order temporarily blocking further deportations under the AEA, prompting the Justice Department to appeal the decision.

Judges Patricia Millett, an appointee of Democratic President Barack Obama, and Karen Henderson, an appointee of Republican President George H.W. Bush, voted to uphold the temporary ban. Judge Justin Walker, a Trump appointee, dissented. Millett strongly criticized the administration’s actions, arguing that Venezuelan migrants were deported without due process.

“The government’s allegations alone determined their fate—no notice, no hearing, no opportunity to contest their classification as gang members,” she stated. “Nazis got better treatment under the AEA during World War II.”

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Attorneys representing several deported Venezuelans insist their clients were wrongly accused of gang affiliation. They argue that many were targeted based on their tattoos rather than any criminal activity.

Legal experts have warned that using the AEA in this manner could set a dangerous precedent for bypassing due process.

Homeland Security Secretary Kristi Noem visited the Salvadoran prison where the deported Venezuelans are being held. Before her arrival, she announced plans to meet with Salvadoran President Nayib Bukele to discuss increasing the number of deportation flights.

Noem described the removals as a necessary step to rid the United States of violent criminals.

During a Monday hearing, Justice Department attorney Drew Ensign argued that the court’s ruling represented an “unprecedented and enormous intrusion” on the president’s authority over war and foreign affairs.

However, Boasberg has maintained that migrants facing deportation under the AEA should have individualized hearings to determine whether the law applies to them.

Trump has repeatedly criticized Boasberg over the ruling, even calling for his impeachment. His latest remarks on Thursday described the judge as “highly conflicted” and called for an investigation into what he described as a “rigged” court system.

The case has raised concerns that the administration may defy the court order, potentially triggering a constitutional crisis.

With Agency report