Labor & Employment Law Daily Wrap Up, IMMIGRATION NEWS—D.C. Circuit declines to stay district court’s TRO in suit over Trump administration’s use of Alien Enemies Act for removals, (Mar 27, 2025)

By Brandi O. Brown, J.D.

One judge dissented on grounds of jurisdiction and irreparable harm.

In an order issued yesterday, the D.C. Circuit denied the emergency motions for stay filed by the government in a lawsuit brought over the Trump administration’s efforts to remove individuals from the United States under the Alien Enemies Act. Below, Judge Boasberg ruled against the administration, leading it not only to challenge the decision, but also to ask the D.C. Circuit to “immediately reassign” the case to a different judge. It also led to Trump’s social media post that, in turn, resulted in this rare public statement by U.S. Supreme Court Justice John Roberts: ““For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”

In the D.C. Circuit’s order the court also granted the motions to participate as amicus curiae filed by several entities and officials.

Judge Henderson and Judge Millett issued separate concurring statements along with the order. Judge Walker issued a dissenting statement as well.

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