A U.S. appeals court on Wednesday rejected the Trump administration’s attempt to resume the summary deportation of Venezuelan migrants under the Alien Enemies Act (AEA)—a rarely used 1798 wartime law.

The 2-1 ruling by the U.S. Court of Appeals panel keeps in place a lower court’s restraining order, which blocked the administration’s deportation flights carried out without hearings or due process.

Controversial Use of 18th-Century Law

Former President Donald Trump invoked the Alien Enemies Act, last used during World War II, to justify deporting alleged members of Tren de Aragua, a Venezuelan gang.
On March 15, two planeloads of migrants were sent to a prison in El Salvador, drawing sharp criticism from rights groups and legal experts.

Migrants Deported Without Hearings

According to attorneys representing the migrants, many had no criminal history and were targeted solely for having tattoos.
Judge Patricia Millett, who voted to uphold the ban, said the government deported the individuals based on allegations alone.

“They received no notice, no hearing—zero process—to prove they were not gang members,” Millett said.
“If the government can choose to abandon fair process for some, it can do the same to everyone.”

Court Majority Blocks Deportation Flights

Judge Millett, an appointee of Barack Obama, and Judge Karen Henderson, appointed by George H.W. Bush, ruled to maintain the ban.
Judge Justin Walker, appointed by Trump, dissented.

The ruling temporarily prevents further deportations under the AEA and orders the government to allow due process hearings.

Homeland Security Seeks More Deportations

On the same day, Homeland Security Secretary Kristi Noem visited the Salvadoran prison where the deported Venezuelans are being held.
Before her arrival, she posted on social media that she would meet President Nayib Bukele to discuss increasing deportation flights.

Judge Says Deportations Were Harsher Than WWII

During Monday’s hearing, a Justice Department lawyer argued that the court’s order interferes with the president’s war and foreign policy powers.
However, Millett strongly disagreed, stating, “Nazis got better treatment” under the AEA during World War II.

Rights Groups Welcome the Decision

Lee Gelernt, a lawyer with the ACLU, which helped file the lawsuit, said the court’s decision ensures protection for hundreds of individuals from being sent to a foreign prison without trial.

Skye Perryman, president of Democracy Forward, added, “President Trump is bound by U.S. laws. He cannot use wartime powers when there is no war or invasion.”

District Judge Previously Warned of Due Process Violations

District Judge James Boasberg, who initially blocked the deportations, stated that individual hearings are required before anyone can be deported under the AEA.

Trump, however, has publicly attacked Boasberg, calling him “highly conflicted” and demanding his impeachment—comments that prompted a rare rebuke from Chief Justice John Roberts.

Experts Warn of a Brewing Constitutional Crisis

Legal analysts have voiced concern that the administration might ignore the court’s order, setting the stage for a constitutional crisis.
For now, deportations under the Alien Enemies Act remain halted, pending further court proceedings.