Supreme Court allows Alien Enemies Act deportations to resume
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President Trump at the White House on March 31. Photo: Andrew Harnik/Getty Images
The Supreme Court on Monday allowed the Trump administration to resume use of the Aliens Enemies Act to deport alleged Venezuelan gang members to El Salvador.
Why it matters: It's a big win for President Trump's immigration policies, though the court ruled that the government has to give deportees "reasonable time" to challenge their removal in court before leaving the country.
Zoom in: In a 5-4 decision, the high court vacated an order from U.S. District Judge James Boasberg that blocked the use of an 18th-century wartime law to deport immigrants with little or no due process.
- The court's conservative majority said legal challenges must take place in Texas, where the migrants are being held, and not in Washington D.C.
- "For all the rhetoric of the dissents," the Supreme Court's decision says "that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal."
Zoom out: The three liberal justices dissented, writing that the government's "conduct in this litigation poses an extraordinary threat to the rule of law."
- They continued, "That a majority of this Court now rewards the Government for its behavior with discretionary equitable relief is indefensible."
- Justice Amy Coney Barrett joined Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson in parts of the dissent.
What they're saying: Trump praised the court's decision in a post on Truth Social, calling it a "A GREAT DAY FOR JUSTICE IN AMERICA!"
- He said, "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."
- Attorney General Pam Bondi echoed the sentiment on X, writing "tonight's decision is a landmark victory for the rule of law."
- "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," Bondi wrote.
- In a follow-up tweet, she said that Americans can "rest assured" that she, Homeland Security Secretary Kristi Noem and border czar Tom Hooman "will direct our assets to scour the country for any remnants of Tren De Aragua and DEPORT THEM."
Catch up quick: The Trump administration last month defied Boasberg's court order barring the deportation of about 250 people the government claims are Tren de Aragua gang members.
- The administration claimed the two deportation flights, which were not turned around as per the judge's order, had taken off before the judge's written order came through and were justified under the Alien Enemies Act.
- Boasberg refused to lift the ban on the deportations and later extended a temporary restraining order blocking the deportations until April 12.
- A federal appeals court maintained the temporary block.
Editor's note: This story has been updated throughout with additional context and information, including reactions from President Trump and Attorney General Bondi.
