The DC Circuit Court of Appeals on Wednesday denied the Trump DOJ’s request to lift Judge Boasberg’s block on the Alien Enemies Act deportation flights.
The three judge panel on the DC Circuit Court: Henderson (George W. Bush appointee), Millett (Obama appointee), and Walker (Trump appointee) voted 2-1 – with Judge Walker dissenting.
Last Friday, Judge Boasberg said Trump’s invocation of the Alien Enemies Act to deport criminal aliens is “incredibly troublesome and problematic.”
Boasberg has been grilling DOJ lawyers about the Trump Administration’s move to deport dangerous Venezuelan aliens under the Alien Enemies Act.
A showdown between Boasberg and the Trump DOJ has played out in court last month after the judge issued an order forcing planes en route to Central and South America carrying dangerous Venezuelan aliens to turn around and come back to the US.
On Wednesday, the DC Circuit Court of Appeals denied Trump’s request to lift Boasberg’s order.
WHOA! Stay denied in Alien Enemies Act case. As I said it came down to Henderson but Walker couldn’t persuade here. 1/ pic.twitter.com/xwQxRJK5HS
— Margot Cleveland (@ProfMJCleveland) March 26, 2025
Judge Henderson based her decision on the idea that Trump failed to justify the claim of “invasion” when referring to the criminal aliens.
“The theme that rings true is that an invasion is a military affair, not one of migration,” Judge Henderson wrote.
Judge Henderson (GHW Bush appointee) bases her ruling almost entirely on determination that Trump failed to justify claim of "invasion" or "predatory incursion." https://t.co/EdImzb9xzl pic.twitter.com/KIuzmvVdaK
— Kyle Cheney (@kyledcheney) March 26, 2025
Boasberg said the deported aliens are entitled to individual hearings.
In his dissent, Judge Walker, the Trump appointee, said the criminal aliens need to challenge the case in Texas since that is where the flights were deported from.
