Appeals Courts Split on Immigration Detention as Three Circuits Rule Against Administration

Appeals courts have repeatedly reversed or stayed district court orders that blocked Trump administration immigration enforcement actions, Washington Examiner reported. The U.S. Court of Appeals for the D.C.

Circuit in April ordered Chief Judge James Boasberg to end a criminal contempt inquiry into DOJ officials over deportation flights under the Alien Enemies Act last March. Boasberg had pursued the inquiry after the administration deported alleged Venezuelan gang members to El Salvador despite his temporary restraining order. The D.C.

Circuit issued a writ of mandamus finding the contempt probe could not continue, following an earlier appellate intervention against Boasberg in December. U.S. District Judge Brian Murphy blocked the administration’s third-country deportation policy.

The Supreme Court reversed that decision last summer and allowed the policy to resume. Murphy later issued additional orders in February on immigrants sent through Djibouti facing removal to South Sudan. The Supreme Court issued a 7-2 unsigned order rebuking Murphy again after he tried to enforce an order blocking deportation of eight criminal illegal immigrants to South Sudan.

Justice Elena Kagan opposed the initial stay but joined the majority in the second order. U.S. District Judge Royce Lamberth issued a new injunction this week against the Bureau of Prisons policy limiting hormone treatments for transgender-identifying inmates.

The D.C. Circuit had stayed one of Lamberth’s earlier orders hours before. Lamberth concluded the policy could still be blocked under the Administrative Procedure Act, while the appeals court found the underlying executive order likely to survive review.