In a significant legal move, the Trump administration on Friday sought authorization from the Supreme Court to proceed with the deportation of Venezuelan migrants to El Salvador, invoking an obscure 18th-century law as their justification. This request comes amid ongoing legal battles concerning this controversial action.
The administration’s emergency appeal to the highest court followed a setback in Washington’s federal appeals court, where a panel decided 2-1 against the government’s request, maintaining an existing court order that temporarily halts these deportations under the seldom-invoked Alien Enemies Act.
Within the court documents, the Justice Department emphasized that federal courts should refrain from meddling in delicate diplomatic efforts. They also argued that the migrants should present their cases in a federal court located in Texas, where they are currently detained.
U.S. District Judge James E. Boasberg of Washington initially issued the order blocking the deportations. President Donald Trump has cited the Alien Enemies Act, a law that has not been used since World War II, to back his decision to deport hundreds of individuals under a proclamation that categorizes the Tren de Aragua gang as a threatening invading entity.
Acting Solicitor General Sarah Harris argued in a court filing that President Trump’s decisions to protect the nation from foreign threats should not be overridden by judicial orders, as it risks disrupting sensitive foreign negotiations.
The legal challenge was promptly initiated by the American Civil Liberties Union, representing five Venezuelan nationals held in Texas, soon after Trump’s proclamation was announced. The court expects a response from the ACLU by Tuesday.
Leading attorney for the migrants, Lee Gelernt, indicated that their legal strategy involves asking the Supreme Court to maintain the current situation to allow time for the case’s thorough examination. He stressed the risk of sending individuals to a notorious prison overseas without due process, under what he deems an unprecedented use of wartime authority.
The case has amplified ongoing disputes between the administration and federal courts. Judge Boasberg instituted a temporary suspension of deportations, ordering planes carrying Venezuelan migrants back to the U.S., an order the government appeared to defy. Boasberg plans to investigate whether his directive was disregarded. Meanwhile, the administration has cited “state secrets privilege” to withhold further details from Boasberg regarding the deportations.
Calls for Boasberg’s impeachment have been voiced by Trump and his supporters. However, Chief Justice John Roberts countered, stating that impeachment is not a suitable response to disagreements with judicial decisions.
Under the Alien Enemies Act, noncitizens can be deported without a hearing before an immigration or federal judge. Nevertheless, Boasberg insists that those facing deportation should have the chance to contest their designation as gang members, emphasizing the public interest in preventing wrongful deportations based on unchallengeable categories.
The temporary suspension imposed by Boasberg was due to lapse on Saturday. However, the ACLU has requested an extension until April 12 and intends to pursue a more enduring order, known as a preliminary injunction, to further pause deportations while legal challenges under the Alien Enemies Act continue.