The US Supreme Court has denied the Trump administration’s request to expedite the deportation of Venezuelans under an ancient wartime law. The decision, made over two dissenting votes, came following an emergency appeal by Venezuelan men accused of gang membership, a classification that allows for swift removal under the Alien Enemies Act of 1798. This ruling follows a previous temporary halt to deportations from a detention center in Texas. Justices Alito and Thomas dissented, as the case questions individuals’ rights to contest their deportation without assessing the validity of Trump’s use of the law.
President Trump’s proclamation designating the Tren de Aragua gang as a foreign terrorist organization has sparked legal battles, with multiple cases challenging the administration’s application of the 1798 law for deportations. While the Supreme Court emphasized the importance of national security interests, it underscored the need to uphold constitutional principles. Despite conflicting judgments across federal courts, the Supreme Court clarified that individuals facing deportation must be granted a sufficient period to challenge their removal.
This decision signifies a nuanced approach to deportations under the Alien Enemies Act, stipulating that detainees contest their deportations at their respective holding facilities. Notably, the court’s ruling emphasized the necessity of providing individuals with a “reasonable time” to file challenges, rejecting the administration’s proposed 12-hour window. Judge Stephanie Haines in Pennsylvania mandated a 21-day period for filing challenges, aligning with the court’s directive. The Supreme Court’s ruling does not impede other deportation mechanisms available to the government, underscoring the complex legal landscape surrounding immigration policies and national security concerns.