The government argued that the president had broad authority to deport alleged Venezuelan gang members, bypassing immigration court hearings. Justice Department lawyers argued that the president’s right to invoke the act was not subject to judicial review because the president has expansive power to make national security decisions. But legal experts questioned the justification for invoking the 1798 law, given that the United States is not at war with Venezuela.
Boasberg issued a temporary restraining order on March 15 that barred the Trump administration from invoking the act for deportations. Boasberg also ordered the return of flights deporting migrants under the law. The Justice Department immediately appealed the case to the D.C. Circuit
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