A federal appellate court declined to issue a stay on a lower court’s orders in a suit challenging the Trump administration‘s authority to deport Venezuelan nationals via a 1798 wartime law.
In a 2-1 decision Wednesday, a three-judge panel sided with the plaintiffs in the suit, further blocking the Trump administration’s ability to move forward with its deportation agenda.
Judges Karen Henderson, Patricia Millett and Justin Walker of the D.C. Circuit Court of Appeals presided over Monday’s oral arguments, which they agreed to hear last week on an expedited basis.
The back-and-forth Monday was dominated primarily by Millett, an Obama appointee, who seemed to be clearly on the plaintiffs’ side. She sparred with Justice Department lawyer Drew Ensign over the Trump administration’s implementation of the law in question, and whether the administration violated constitutional due process protections in possibly failing to allow individuals targeted for deportation enough time to seek habeas protections.
In a concurring opinion of the ruling, Henderson, a Bush appointee, said: “At this early stage, the government has yet to show a likelihood of success on the merits. The equities favor the plaintiffs. And the district court entered the TROs for a quintessentially valid purpose: to protect its remedial authority long enough to consider the parties’ arguments.
“Accordingly, and for the foregoing reasons, the request to stay the district court’s TROs should be denied.”
Their decision could ultimately be kicked to the Supreme Court for further review.
