Summary
This per curiam order from the D.C. Circuit denies the government's emergency motion for a stay of temporary restraining orders issued by the district court. The court addresses its appellate jurisdiction over the non-final TROs, finding it established due to the risk of irretrievable harm to international negotiations and the extraordinary nature of enjoining the President. The accompanying opinions extensively analyze the political question doctrine, statutory jurisdiction, and the scope of judicial review under the Alien Enemies Act regarding the President's authority to detain and deport certain noncitizens.
Topics
Practice areas
Questions Presented
- Whether the district court had jurisdiction to issue a TRO enjoining the President under the Alien Enemies Act.
- Whether a TRO is appealable as an interlocutory order for stay purposes.
- Whether the Alien Enemies Act permits removal without notice and due process.
- Whether the term “invasion” in the Alien Enemies Act includes criminal gang activity.
- Whether the government is likely to succeed on the merits of its stay request.
Holdings
- The district court possessed jurisdiction to issue the TRO, and an injunction against the President is permissible only when it does not direct the President to perform official duties.
- A TRO is not appealable as a stay because it is not a preliminary injunction and does not meet the statutory exception for interlocutory orders.
- The Alien Enemies Act does not waive constitutional due‑process requirements; removal must be accompanied by notice and an opportunity to be heard.
Key quotations
“Equity “has no jurisdiction . . . to enjoin the President in the performance of his official duties.” Mississippi v. Johnson, 71 U.S. (4 Wall.) 475, 501 (1867).” (at *12)
“A TRO is generally not appealable; only preliminary injunctions fall within the statutory exception for interlocutory appeals. Adams v. Vance, 570 F.2d 950, 953 (D.C. Cir. 1978).” (at *6-7)
Factual background
In March 2025 President Trump issued a proclamation under the Alien Enemies Act to detain and remove Venezuelan nationals alleged to be members of the criminal organization Tren de Aragua. Five Venezuelan plaintiffs filed a class action and obtained a temporary restraining order prohibiting their removal for fourteen days. The government appealed the TROs seeking a stay.
Procedural history
The district court entered an ex parte TRO preventing the government from removing the plaintiffs under a Presidential proclamation invoking the Alien Enemies Act. The government appealed and sought a stay of the TROs. The D.C. Circuit considered the emergency stay motions and denied them.