The Trump administration is now permitted to proceed with deporting alleged Venezuelan gang members under the authority of the 1798 Alien Enemies Act, following a Supreme Court ruling on Monday that overturned a lower court’s decision which had halted those deportations.
In a narrow 5-4 vote, the Supreme Court sided with the administration, stating that the government had a strong chance of ultimately prevailing in a legal challenge pending in a Washington, DC federal court regarding the expulsion of five Venezuelan nationals under the historic law.
“The detainees are confined in Texas, so venue is improper in the District of Columbia,” the majority opinion, issued by the court’s conservative bloc, stated.
The justices also concluded that individuals targeted for deportation under the Alien Enemies Act must receive timely notice and an opportunity to challenge their removal in a court that has jurisdiction before they are sent out of the country.
“For all the rhetoric of the dissents, today’s order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal,” the court’s opinion continued. “The only question is which court will resolve that challenge.”
Chief Judge James Boasberg of the DC District Court had previously barred the Trump administration from enforcing the Alien Enemies Act last month, issuing a temporary restraining order that he later extended until April 12.
In response, the Trump administration submitted an urgent appeal to the Supreme Court on March 28 after a split decision from a three-judge panel on the DC Circuit Court of Appeals left Boasberg’s block in place while the legal battle continues.
President Trump used the Alien Enemies Act—dormant since World War II—for the first time in decades last month to fast-track the deportation of alleged members of the Tren de Aragua gang to a high-security prison in El Salvador.
Trump has characterized the gang as a dangerous incursion enabled by what he calls the Biden administration’s failure to control immigration and secure the southern border.
“The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself,” Trump posted on Truth Social in reaction to the court’s decision.
“A GREAT DAY FOR JUSTICE IN AMERICA!” he added.
The court’s liberal wing cited the administration’s alleged attempts to ignore Boasberg’s initial restraining order by hastily flying out suspected gang members before the March 15 hearing that led to the temporary block as reason not to lift it.
Justice Sonia Sotomayor sharply criticized the majority, writing that their decision came “without mention of the grave harm Plaintiffs will face if they are erroneously removed to El Salvador or regard for the Government’s attempts to subvert the judicial process throughout this litigation.”
“Because the Court should not reward the Government’s efforts to erode the rule of law with discretionary equitable relief, I respectfully Dissent,” she wrote.
“Congress requires the President to ‘mak[e] public proclamation’ of his intention to invoke the Alien Enemies Act,” Sotomayor noted. “President Trump did just the opposite. In what can be understood only as covert preparation to skirt both the requirements of the Act and the Constitution’s guarantee of due process.”
“The Government’s plan, it appeared, was to rush plaintiffs out of the country before a court could decide whether the President’s invocation of the Alien Enemies Act was lawful or whether these individuals were, in fact, members of Tren de Aragua.”
Justice Amy Coney Barrett, appointed by Trump, agreed with some sections of Sotomayor’s dissent.
Reacting to the ruling, Attorney General Pam Bondi announced that she, Homeland Security Secretary Kristi Noem, and “Border Czar” Tom Homan would mobilize federal resources to find and expel any remaining Tren de Aragua affiliates.
“Tonight’s decision is a landmark victory for the rule of law,” Bondi said. “An activist judge in Washington, DC does not have the jurisdiction to seize control of President Trump’s authority to conduct foreign policy and keep the American people safe.”
“The Department of Justice will continue fighting in court to make America safe again.”
Secretary Noem issued a stern warning following the decision: “It is a bad day to be a terrorist and criminal alien in the United States of America,” calling the court’s action a “victory for commonsense security.”
“We will continue to enforce our immigration laws and restore sanity to our immigration system by using all appropriate authorities, including the Alien Enemies Act. Thank you President [Trump] for your leadership,” the DHS chief said.
The Trump administration has reportedly been transferring suspected gang members to El Salvador’s notorious CECOT prison, a facility infamous for its harsh conditions.
{Matzav.com}