A federal appeals court has temporarily blocked President Donald Trump from using the Alien Enemies Act to swiftly deport suspected members of the Venezuelan gang Tren de Aragua.

The D.C. Circuit Court of Appeals ruled 2-1 to uphold two lower court orders while a legal challenge proceeds. These orders, issued by Judge James Boasberg, prohibit Trump from invoking the wartime-era law, sparking political and legal controversy.

Two deportation flights reportedly departed during an emergency hearing, despite Boasberg’s ban. The DOJ’s refusal to provide flight details led to conflict with the court, and Trump has called for Boasberg’s impeachment.

The Alien Enemies Act, dating back to 1798, allows the president to deport undocumented migrants during wartime or when facing foreign threats. Trump used it to target suspected gang members, but critics argue this puts innocent people at risk of torture if sent back to Venezuela.

Judge Karen Henderson highlighted concerns about exiling plaintiffs to unsafe conditions and noted the government planned to deport them without warning if the injunction were lifted.

Judge Patricia Millett emphasized that the court must maintain the status quo until complex legal questions are resolved. Deporting plaintiffs now, she said, could silence their legal claims by removing them beyond the reach of courts.

Dissenting Judge Justin Walker argued the case belonged in Texas, not D.C., and warned the orders could harm national security.

The Trump administration is expected to appeal the ruling to the U.S. Supreme Court as the case heads back to the D.C. Circuit for further review.