Supreme Court gives boost to Trump deportation plans under Alien Enemies Act
The ruling said a judge can't block Trump’s plan nationwide but made clear that people swept up must have a chance to challenge their seizures before they can be deported.
The Supreme Court on Monday threw out a judge's decision to block the removal of men alleged to be members of the Venezuelan gang Tren de Aragua to El Salvador without any legal process under the Alien Enemies Act.
The ruling, in which the justices were divided 5-4 in part, means the Trump administration can try to resume deportations under the rarely used wartime law, so long as detainees are given due process.
The detainees must be given time to challenge their detentions via a habeas corpus claim and be able to challenge whether the act is being lawfully applied.
Men alleged to be members of the Venezuelan criminal organization Tren de Aragua arrive at a prison in Tecoluca, El Salvador, on March 16.El Salvador's Presidency Press Office via AFP - Getty ImagesThe fast-moving case concerns Trump’s aggressive and unprecedented use of presidential power in invoking the 18th century law, which has been used only when the country was at war.
The decision leaves various legal questions about the novel invocation of the Alien Enemies Act undecided, including whether the Trump administration can even invoke it against gang members.
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