Tipsheet

SCOTUS Halts New Deportations of Venezuelans In Texas Under 18th Century Alien Enemies Act

In a significant blow to the safety of American citizens and the country’s national security, the U.S. Supreme Court halted the Trump administration's efforts to pursue deportation flights of illegal immigrants under the Alien Enemies Act, arguing that the use of this 18th-century wartime law was unconstitutional. 

On Saturday, U.S. Supreme Court Justices ordered the Trump administration not to remove Venezuelans held in Texas's Bluebonnet Detention Center "until further order of this court.” 

Justices Clarence Thomas and Samuel Alito dissented from the majority opinion.

The high court’s ruling follows a last-ditch attempt by the American Civil Liberties Union to halt the federal government’s renewed use of the Alien Enemies Act of 1798 to deport illegal immigrants. The ACLU is representing suspected Tren de Aragua gang members being detained in Texas. The group claimed immigration officials were preparing to restart removals under the statute, but the judge wasn’t swayed. The Supreme Court previously affirmed that the Trump administration had the authority to carry out deportations under the act, so long as those facing removal were granted due process to challenge their deportation. 

However, the ACLU argued that the government did “not remotely comply with the Supreme Court's order.” They argued that, at the very least, the notice should be translated so the illegal aliens could actually understand what was being communicated to them. The Supreme Court urged the government to respond to the ACLU’s filing “as soon as possible.”

On Friday, U.S. District Judge James Boasberg expressed sympathy for activists' concerns over the Trump administration’s deportation of illegal immigrants under the Alien Enemies Act, but stated he didn’t believe he had the authority to halt the deportations.

The ACLU had previously requested that Judge Boasberg issue a temporary restraining order, demanding a 30-day notice period from the Trump administration before their clients could be deported under the law, after learning that removal notices had recently been issued to detainees. However, the judge sided with the Trump administration, delivering a setback to the ACLU's efforts.