US Supreme Court allows Trump Administration to resume deportations under 18th-century law – JURIST
The US Supreme Court on Monday granted a Trump Administration motion to vacate a lower court’s order blocking use of the 1798 Alien Enemies Act to deport alleged gang members.
On March 15, President Donald Trump invoked the Alien Enemies Act to deport Venezuelan nationals believed to be members of Tren de Aragua, a gang which the State Department designated as a foreign terrorist organization. The Trump administration’s unprecedented use of the Alien Enemies Act alleged in its proclamation that Tren de Aragua, “unlawfully infiltrated the United States,” and is “conducting irregular warfare and undertaking hostile actions against the United States.” In the proclamation, Tren de Aragua members are accused of murders, kidnappings, and other serious crimes against American citizens.
A federal judge previously issued a temporary restraining order (TRO) blocking the deportation of detainees to a prison in El Salvador as the first of flights carrying deported gang members departed for Venezuela. However, those flights did not return to the US, and a third flight of deportees later departed for Venezuela. US District Judge James Boasberg later ordered the Trump administration to explain how its actions did not violate the TRO.
The US Supreme Court, in its opinion, primarily addressed venue and due process questions raised by the plaintiffs. The detainees challenged the Government’s interpretation of the Alien Enemies Act and argued that “they do not fall within the category of removable alien enemies.” In response, the high court ruled that the proper mechanism to challenge their confinement and removal under the Alien Enemies Act is through habeas corpus proceedings and that the proper venue for habeas petitions is the “district of confinement,” which in this case is Texas. Thus, venue is improper in the District of Columbia.
Summary removal entitles those detained under the Alien Enemies Act to judicial review in the context of removal proceedings. In this opinion, the Court specifies, “Alien Enemies Act detainees must receive notice after the day of this order that they are subject to removal under the act.”
Similarly, several immigration-related cases remain underway in US federal courts. Calls continue to mount for congressional lawmakers to limit district judges’ injunctive authority, safeguard the due process rights of undocumented migrants, and for the US Supreme Court to intervene in ongoing matters.
