2-1 D.C. Circuit Leaves District Court Orders Temporarily Blocking Alien Enemies Act Deportations

The litigation over President Trump’s invocation of the Alien Enemies Act of 1798 continues.

Yesterday, as CNN reports, the District of Columbia Circuit Court of Appeals by a 2-1 vote ruled that the district court’s temporary blocking of President Trump’s use of the Alien Enemies Act while a challenge to the Executive Order proceeds.

The per curiam ruling was joined by three opinions.  Judges Patricia Millett, an President Obama appointee, and Karen Henderson, an appointee of President George H.W. Bush, wrote opinions allowing the district court orders to remain in place.

Judge Justin Walker, a President Trump appointee, dissented.  Judge “Walker said the claims filed by those deported needed to go to a court in Texas rather than in Washington, DC.”

KJ