A federal appellate court has ruled against the Trump administration’s attempt to deport Venezuelan nationals under a 1798 wartime law, dealing a significant setback to its immigration policies.

In a 2-1 decision on Wednesday, the U.S. Court of Appeals for the D.C. Circuit declined to stay a lower court’s ruling that temporarily blocked the administration’s actions. Judges Karen Henderson, Patricia Millett, and Justin Walker heard arguments on the case Monday after expediting the review process, reports the Washington Post.

The most vocal judge during the proceedings was Millett, an Obama appointee, who pressed Justice Department lawyer Drew Ensign on whether the administration had given individuals targeted for deportation enough time to seek legal protections before removal.

In her concurring opinion, Henderson, a Bush appointee, wrote:

“At this early stage, the government has yet to show a likelihood of success on the merits. The equities favor the plaintiffs. And the district court entered the TROs for a quintessentially valid purpose: to protect its remedial authority long enough to consider the parties’ arguments. Accordingly, and for the foregoing reasons, the request to stay the district court’s TROs should be denied.”

The ruling may ultimately be appealed to the Supreme Court for further review. Attorney General Pam Bondi criticized the judiciary’s involvement in immigration enforcement, stating on Fox News’ Sunday Morning Futures that the administration would challenge the decision.

“This is an out-of-control judge, a federal judge, trying to control our entire foreign policy, and he cannot do it,” Bondi said.

At the heart of the dispute is the Trump administration’s use of the Alien Enemies Act, a wartime statute, to deport Venezuelan nationals, including alleged members of the Tren de Aragua (TdA) gang. U.S. District Judge James Boasberg issued a temporary restraining order halting the administration’s plan, stating that further legal review was necessary. The administration responded by filing an emergency appeal.

Despite Boasberg’s order, planes carrying Venezuelan nationals and other deportees landed in El Salvador, prompting further legal scrutiny. The Justice Department characterized the restraining order as a “massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens who pose threats to the American people.”

During Monday’s hearing, Millett challenged the government’s timeline, questioning whether those deported had sufficient opportunity to contest their status before removal. She warned against interpreting the Alien Enemies Act in a way that bypasses constitutional safeguards.

“The president has to comply with the Constitution and laws like everybody else,” she said.

Boasberg ordered the administration to submit documentation on its deportation flights as part of a fact-finding process, but the Justice Department refused, even after being given the option to provide information under seal. This refusal led to a stern rebuke from Boasberg.

With the court’s ruling, the future of the administration’s deportation strategy remains uncertain as the case likely heads for further legal battles.