US supreme court allows deportations under 18th century law with limits

Importance Score: 75 / 100 🔴


Supreme Court Upholds Trump Administration’s Use of Wartime Law for Deportations

The Supreme Court has ruled that former President Donald Trump can continue to employ a 1798 statute to deport individuals alleged to be gang affiliates to Venezuela. However, the court’s Monday decision established certain limitations, stipulating that any legal challenges to the law, known as the Alien Enemies Act, must be filed in Texas, where the affected migrants were initially detained, rather than in Washington D.C.

5-4 Ruling Favors Trump Administration

In a 5-4 decision, the high court granted a request from the Trump administration to overturn a lower court order from a Washington D.C. judge that had temporarily halted the deportations.

Venue for Legal Challenges Set in Texas

The Supreme Court’s order did not immediately consider the merits of the administration’s use of the Alien Enemies Act. Instead, the court specified that any determination regarding the legality of its application must be made within the jurisdiction of a Texas court. The court stated, “The detainees are confined in Texas, so venue is improper in the District of Columbia,” emphasizing the importance of location in jurisdictional matters.

Limits Placed on Deportations, Judicial Review Required

Despite siding with the administration, the court’s majority opinion placed constraints on the deportation process, underscoring the necessity of judicial oversight. The ruling mandates that detainees must be formally notified of their impending removal under the Act within a reasonable timeframe following the court’s order. This notification must be delivered in a manner that enables them to effectively seek habeas corpus relief in the appropriate Texas venue before any deportation takes place.

Trump Applauds Decision, Conservative Justices Dissent

Donald Trump publicly praised the ruling on social media, asserting that the Supreme Court had “upheld the Rule of Law” by empowering a president to secure borders and protect the nation. He described the decision as “A GREAT DAY FOR JUSTICE IN AMERICA.” Conservative Justice Amy Coney Barrett and the court’s three liberal justices opposed the majority opinion.

Utilizing Alien Enemies Act for Gang Deportations

Trump initially invoked the Alien Enemies Act on March 15th to expedite the deportation of alleged members of the Tren de Aragua gang. This law, historically used to intern immigrants of Japanese, Italian, and German descent during World War II, was employed to accelerate removal proceedings.

Legal Challenge by ACLU

The American Civil Liberties Union (ACLU) initiated a legal challenge on behalf of several Venezuelan men in U.S. immigration custody. They argued that Trump’s directive overstepped his presidential authority, contending that the Alien Enemies Act is only applicable when war has been formally declared or the United States has been invaded.

Scope of the Alien Enemies Act

The Alien Enemies Act grants presidential power to deport, detain, or restrict individuals primarily allegiant to a foreign nation who might constitute a wartime national security risk.

Justice Kavanaugh Concurs on Judicial Review Location

In a concurring opinion, Justice Brett Kavanaugh clarified that the court’s deliberation was solely focused on the appropriate location for judicial review concerning the Act’s application. He wrote that all justices agreed on the availability of judicial review, stating, “As the court stresses, the court’s disagreement with the dissenters is not over whether the detainees receive judicial review of their transfers — all nine members of the court agree that judicial review is available.”

Previous Lower Court Block and Deportation Flights

U.S. Judge James Boasberg, appointed by former President Barack Obama, had previously issued a temporary block on deportations. However, the Trump administration proceeded with two deportation flights that were already en route to El Salvador. Upon arrival, American officials transferred 238 Venezuelan men to Salvadoran authorities, who placed them in El Salvador’s “Terrorism Confinement Center.”

Flights and Court Orders

Judge Boasberg also questioned whether the Trump administration defied his order by failing to recall the deportation flights after it was issued. Justice Department attorneys argued that the flights had already exited U.S. airspace when Boasberg’s written order was formalized, making them exempt from the directive. They minimized the significance of Boasberg’s earlier verbal order during a hearing, which had called for the redirection of any deportation flights.

Presidential Authority vs. Judicial Ban

The Trump administration maintained that Judge Boasberg’s temporary restraining order improperly interfered with presidential authority in matters of national security.

Trump’s Call for Judge’s Impeachment

On March 18th, Trump publicly advocated for Judge Boasberg’s impeachment by Congress—a process that could lead to his removal from office. This prompted a rare public rebuttal from Chief Justice John Roberts. Trump, via social media, labeled Boasberg, who received unanimous Senate confirmation in 2011, as a “Radical Left Lunatic” and a “troublemaker and agitator”.

Contentious Hearing in DC Circuit

The D.C. Circuit Court upheld Judge Boasberg’s order after a contentious hearing characterized by heated exchanges. Judge Patricia Millett remarked to Justice Department lawyer Drew Ensign that “Nazis got better treatment under the Alien Enemies Act than has happened here.” Ensign countered, “We certainly dispute the Nazi analogy.”

Disputed Gang Allegations

Family members of numerous deported Venezuelan migrants refuted the claims of gang affiliation. Lawyers representing one deportee, a Venezuelan professional soccer player and youth coach, asserted that U.S. officials mistakenly identified him as a gang member based on a crown tattoo intended to honor his favorite soccer team, Real Madrid.


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