US Appeals Court Hands Trump Defeat in Deportation Case

 https://www.newsweek.com/us-appeals-court-hands-trump-stinging-defeat-deportation-case-2051082

In a 2-1 ruling, a federal appeals court on Wednesday declined to lift an order blocking the Trump administration from deporting Venezuelan migrants to El Salvador under the Alien Enemies Act earlier this month.

In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit upheld the March 15 ruling from Boasberg that temporarily halted deportations under the Alien Enemies Act after ordering that the government's "emergency motions for stay be denied," according to court documents reviewed by Newsweek.

In a concurring statement filed Wednesday, Circuit Judge Karen LeCraft Henderson noted that presidential power under the Alien Enemies Act is not unlimited, and its invocation requires a certain threshold:

"The term 'invasion' was a legal term of art with a well-defined meaning at the Founding. It required far more than an unwanted entry; to constitute an invasion, there had to be hostilities," adding that "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."

Circuit Judge Patricia Millett, in her concurring opinion, noted that due process applies to everyone: "The true mark of this great Nation under law is that we adhere to legal requirements even when it is hard, even when important national interests are at stake, and even when the claimant may be unpopular." The judge notes that the removed migrants did not have "some semblance of due process."