Appeals Court Issues Unanimous Ruling On Due Process Case Regarding Some That Were Deported
A unanimous decision by a three-judge federal appeals panel in Washington, D.C. has halted yet another effort by U.S. District Judge Jeb Boasberg to extend due process protections to illegal aliens deported under the Alien Enemies Act.
The Tuesday ruling temporarily suspends Boasberg’s order requiring the Trump Administration to provide legal appeal rights to Venezuelan nationals suspected of belonging to the notorious Tren de Aragua gang.
Boasberg, appointed by former President Barack Obama, has faced repeated setbacks in his attempts to limit executive authority under the wartime statute. The law, which allows the U.S. government to detain and remove foreign nationals considered threats during wartime or national emergency, was invoked to deport nearly 140 Venezuelans to El Salvador after Caracas refused to take them back. The individuals are suspected of gang affiliation with Tren de Aragua, a violent transnational organization known for its operations across Latin America.
The appeals panel’s decision came just one day before a lower court hearing was scheduled to explore potential appeal avenues for the deported men. While not a ruling on the case’s merits, the panel’s administrative pause blocks the lower court’s attempt to compel the executive branch to accommodate legal challenges from the deportees.
Boasberg’s initial order had demanded that Trump officials provide due process mechanisms for the men to appeal their deportations—a directive that directly contradicted prior Supreme Court guidance.
In a 5-4 decision, the Court previously ruled that while aliens deported under the Alien Enemies Act may seek appeal, it must be done in the jurisdiction of their arrest and cannot be universally imposed through federal judicial overreach.
The Department of Justice, responding to Boasberg’s Wednesday deadline, filed a swift appeal arguing that the judge lacked authority to dictate terms regarding individuals no longer under U.S. custody. DOJ officials emphasized that El Salvador, not the United States, currently detains the men, and that judicial interference undermines the President’s constitutional authority over immigration and national security matters.
Attorneys for the deportees have countered with a claim of “constructive custody,” asserting that the deportation arrangement with Salvadoran authorities equates to continued U.S. control. That argument remains legally untested.
Judge Boasberg has previously faced appellate rebukes, including a high-profile instance in which his contempt proceedings against Trump officials were nullified following the reversal of the initial ruling that formed their basis. Despite those setbacks, he has continued to challenge the administration’s use of executive powers in immigration enforcement.