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In a significant move this Monday, the US Supreme Court decided to lift a halt on deportations under a law that has been around for centuries. This decision allows the Trump administration to deport alleged members of a Venezuelan gang, invoking wartime powers.
The Supreme Court’s narrow 5-4 decision removes a temporary block placed on a directive from the White House. This directive, issued last month, leveraged the Alien Enemies Act of 1798 to facilitate the deportation of the accused gang members.
This ruling represents a victory for President Trump, who has been busy signing numerous executive orders since reclaiming the Oval Office in January, focusing largely on immigration issues.
Importantly, the Supreme Court did not address the broader questions about the government’s invocation of the act or whether it applied to the Venezuelan nationals challenging Trump’s directive. Instead, the court focused on procedural grounds, noting the lawsuit had been filed in an incorrect jurisdiction.
“The detainees are in custody in Texas, so the proper venue is not the District of Columbia,” the justices concluded in a brief, unsigned order.
The decision enables the government to utilize this controversial statute, which was last used during World War II to intern non-US citizens of Italian, German, and Japanese descent, to expedite deportations—methods that some argue disregard due process.
Previously, a temporary restraining order had prevented the government from deporting non-US citizens detained under Trump’s directive. However, the court clarified that migrants subject to removal via the Alien Enemies Act must be notified and allowed to contest their deportation, emphasizing that the only question remaining is which court will hear these challenges.
Lee Gelernt, the lead counsel for the American Civil Liberties Union representing the Venezuelan men, emphasized the significance of the ruling. “The key takeaway is that individuals have the right to due process in questioning their deportation under the Alien Enemies Act, which is a notable victory,” Gelernt stated.
Requests for comment from the White House have yet to receive a response.
The Supreme Court’s ruling adds another layer of complexity to the ongoing legal battles surrounding the Trump administration’s deportation policies concerning alleged illegal immigrants.
President Trump criticized the lower court judge, James Boasberg, who issued the temporary restraining order and went so far as to suggest his impeachment. Chief Justice John Roberts of the Supreme Court condemned Trump’s actions.
Judge Boasberg is considering whether there are grounds to hold the government in contempt after Venezuelan gang members were deported to El Salvador in defiance of his directive to halt such flights.
The US government maintains that it has adhered to Boasberg’s ruling, though it lost an appeal in the appellate court before bringing the issue to the Supreme Court.
On Monday, dissenting voices emerged from the court’s three liberal justices, with conservative Justice Amy Coney Barrett expressing partial agreement with them.
“The court’s legal conclusions raise questions,” wrote Justice Sonia Sotomayor, a liberal. She criticized the decision for failing to recognize “the severe risk faced by plaintiffs if mistakenly sent to El Salvador” and for ignoring “the government’s repeated attempts to circumvent the judicial system throughout this case.”
According to Sotomayor, the court should not validate “the government’s efforts to undermine the rule of law.”
