President Trump on Friday asked the US Supreme Court to intervene in the Alien Enemies Act case after a federal appeals court denied the stay of an injunction barring the Trump administration from deporting criminal aliens.
Chief Justice Roberts requested a response by April 1.
BREAKING: Trump asks SCOTUS to intervene in Alien Enemies Act case & Justice Roberts requests response. pic.twitter.com/uzA0uqs3fs
— Margot Cleveland (@ProfMJCleveland) March 28, 2025
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, an Obama appointee, 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.
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.
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.
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