A federal appellate court has opted not to suspend the rulings of a lower court in a case that questions the Trump administration’s power to deport Venezuelan nationals under a wartime statute from 1798.
In a 2-1 decision, a three-judge panel ruled in favor of the plaintiffs, further obstructing the Trump administration’s deportation efforts.
Judges Karen Henderson, Patricia Millett, and Justin Walker of the D.C. Circuit Court of Appeals agreed last week to expedite the case and conducted oral arguments on Monday
During the proceedings, Judge Millett, appointed by Obama, aligned with the plaintiffs and engaged in a dialogue with Justice Department attorney Drew Ensign. They debated whether the Trump administration had infringed upon constitutional due process rights by possibly not allowing deportees sufficient time to pursue habeas corpus protections, as well as the manner in which the administration was implementing the relevant law.
It is highly likely that the Trump administration will seek to appeal this decision.
A legal analyst remarked during a CNN discussion that Democrats could face significant challenges if this case escalates to the U.S. Supreme Court. “This has been an unprecedented case from the outset,” noted Xochitl Hinojosa, a former Public Affairs Director at the DOJ. “In reality, the D.C. Circuit is addressing a complex legal issue.