A federal appeals court has temporarily blocked former President Trump from using the Alien Enemies Act to deport suspected members of Venezuela’s Tren de Aragua gang. In a 2-1 ruling, the D.C. Circuit Court upheld lower court orders from Judge James Boasberg, who barred deportations under the wartime-era law.

Despite the ban, two deportation flights reportedly left during an emergency hearing, escalating tensions as the DOJ refused to disclose details. Trump has since called for Boasberg’s impeachment.

The Alien Enemies Act, dating back to 1798, allows deportations during war or foreign threats. Trump’s use of it has drawn criticism, with fears that deportees may face torture in Venezuela.

Judge Karen Henderson expressed concern about deporting people to unsafe conditions, while Judge Patricia Millett insisted on maintaining the status quo to preserve legal rights. Dissenting Judge Justin Walker said the case should be heard in Texas and warned of national security risks.

The Trump administration plans to appeal to the Supreme Court as the case continues in the D.C. Circuit.