Supreme Court rejects Trump bid to resume quick deportations of Venezuelans under 18th-century law
WASHINGTON — The Supreme Court on Friday barred the Trump administration from quickly resuming deportations of Venezuelans under an 18th-century wartime law enacted when the nation was just a few years old.
Over two dissenting votes, the justices acted on an emergency appeal from lawyers for Venezuelan men who have been accused of being gang members, a designation that the administration says makes them eligible for rapid removal from the United States under the Alien Enemies Act of 1798.
The court indefinitely extended the prohibition on deportations from a north Texas detention facility under the alien enemies law. The case will now go back to the 5th U.S. Circuit Court of Appeals, which declined to intervene in April.
President Donald Trump quickly voiced his displeasure. “THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” he posted on his Truth Social platform.
The high court action is the latest in a string of judicial setbacks for the Trump administration’s effort to speed deportations of people in the country illegally. The president and his supporters have complained about having to provide due process for people they contend didn’t follow U.S. immigration laws.
The court had already called a temporary halt to the deportations, in a middle-of-the-night order issued last month. Officials seemed “poised to carry out removals imminently,” the court noted Friday.
The case is among several making their way through the courts over Trump’s proclamation in March calling the Tren de Aragua gang a foreign terrorist organization and invoking the 1798 law to deport people.
The high court case centers on the opportunity people must have to contest their removal from the United States — without determining whether Trump’s invocation of the law was appropriate.
“We recognize the significance of the Government’s national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution,” the justices said in an unsigned opinion.
At least three federal judges have said Trump was improperly using the AEA to speed deportations of people the administration says are Venezuelan gang members. On Tuesday, a judge in Pennsylvania signed off on the use of the law.
The legal process for this isThe court-by-court approach to deportations under the AEA flows from another Supreme Court order that took a case away from a judge in Washington, D.C., and ruled detainees seeking to challenge their deportations must do so where they are held.