The U.S. Supreme Court has granted the Trump administration permission to utilize an 18th-century wartime statute to expel Venezuelan migrants. However, the court ruled that these individuals must receive a court hearing before being removed from the United States.
In a contentious decision, the court stipulated that the administration must afford Venezuelans, whom it alleges are gang members, a “reasonable time” to seek redress in court. The conservative majority specified that legal challenges should occur in Texas rather than in a Washington courtroom.
This ruling effectively prevents the administration from immediately resuming the flights that recently transported numerous migrants to a notorious prison in El Salvador. Last month, these flights were initiated after President Donald Trump invoked the Alien Enemies Act (AEA) for the first time since World War II to justify the deportations under a presidential proclamation characterizing the Tren de Aragua gang as an invading force.
The majority did not address the flights that departed without granting the hearings now deemed necessary by the justices. In dissent, three liberal justices criticized the administration for attempting to evade judicial scrutiny in this matter and accused the court of rewarding such behavior. Justice Amy Coney Barrett partially concurred with the dissenting opinion.
Justice Sonia Sotomayor expressed concerns about the challenges individuals may encounter in contesting deportations, irrespective of their location. She highlighted the administration’s acknowledgment in another case before the court that it struggles to repatriate individuals erroneously deported to the El Salvador prison.
The justices acted in response to the administration’s emergency appeal following a federal appeals court in Washington upholding a temporary order that halted the deportations of migrants accused of gang membership under the seldom-used AEA.
This case has become a focal point amid escalating tensions between the White House and the federal courts. It marks the second occasion in less than a week that a conservative majority on the court has delivered a partial victory to Trump through an emergency appeal overturning lower court injunctions.
Several other contentious cases are currently pending, including challenges to Trump’s initiative to deny citizenship to children born in the U.S. to undocumented parents.
Trump commended the Supreme Court’s decision, asserting that it upholds the rule of law and allows the president to safeguard the nation’s borders and families.
The American Civil Liberties Union (ACLU) filed a lawsuit on behalf of five Venezuelan noncitizens detained in Texas shortly after the proclamation was issued. ACLU attorney Lee Gelernt emphasized the importance of the ruling in ensuring individuals have the opportunity to challenge their removal through due process.
Additionally, there have been disputes surrounding a judge’s order to halt deportations and return Venezuelan immigrants to the U.S. The administration has invoked the “state secrets privilege” and declined to provide further information on the deportations.
Trump and his supporters have called for the impeachment of the judge overseeing the case. Chief Justice John Roberts stated that impeachment is not an appropriate response to disagreements over judicial decisions.
