The Trump administration is celebrating a recent Supreme Court decision that permits the resumption of deportations under the Alien Enemies Act, characterizing it as a significant triumph. However, the broader battle over immigration policies is far from concluded.
The Supreme Court ruled in favor of President Donald Trump’s use of this centuries-old wartime law to deport Venezuelan individuals alleged to be gang affiliates to a notorious Salvadoran prison. Trump lauded this decision as a “GREAT DAY FOR JUSTICE IN AMERICA!” through social media. Yet, the court also determined that those labeled as members of the Tren de Aragua gang should have an opportunity to contest their deportations, which attorneys for these individuals hailed as an “important victory.”
The legal path forward is complex, as it seems each detainee will have to file individual cases, typically in the district where they are held—predominantly in Texas.
Simultaneously, the Supreme Court is reviewing another case involving a Maryland man mistakenly deported, which could impact the future of over 100 individuals already sent to the Salvadoran prison under similar allegations.
Furthermore, the ruling doesn’t immediately authorize the resumption of deportations under the act. Although the Supreme Court removed a restraining order impeding deportations, it mandates that accused individuals receive notice and reasonable time to argue against their deportation. Several families contend that their deported relatives were wrongly categorized as gang members.
Attorney General Pam Bondi mentioned in a Fox News interview that future hearings would likely take place in Texas, handling cases individually instead of issuing group-wide orders, describing it as a “smoother, simpler hearing.”
Additionally, the American Civil Liberties Union filed a class-action lawsuit on behalf of two immigrants in New York, contesting their wrongful identification as Tren de Aragua members, risking deportation.
Despite the ruling, many questions remain unanswered regarding Trump’s use of the law. The decision didn’t touch on the constitutionality of the act or evaluate the migrants’ assertions that they fall outside deportable categories under this law.
Questions persist about how this ruling affects those already deported to El Salvador without a chance to challenge their removal. It remains unclear what remedies, if any, they might be entitled to. In another related case, the administration admitted it lacks a method to retrieve a man mistakenly deported. This individual was not deported under the Alien Enemies Act, yet an immigration judge acknowledged he could face gang-induced persecution in El Salvador.
The Supreme Court paused the Trump administration’s obligation to return Kilmar Abrego Garcia. His lawyer argues that the court’s decision strengthens the claim that Garcia’s rights were violated, calling for his return.
ICE’s acting director, Todd Lyons, indicated uncertainty about how many deportations would occur under the act, noting that identifying Tren de Aragua members involves collaboration with DHS and law enforcement.
Deputy Customs and Border Protection Commissioner John Modlin highlighted the impact of media shared from El Salvador, which he says shows the global implications of the deportations.
This legal battle exemplifies Trump’s ongoing tensions with the judiciary over his executive actions. Trump’s calls for a judge’s impeachment over this issue prompted Supreme Court Chief Justice John Roberts to caution that impeachment is not an appropriate response to judicial disagreements.
Judge Boasberg is contemplating whether to hold officials in contempt for not adhering to his previous orders to halt deportation flights. Though the Supreme Court’s recent decision may affect these proceedings, it’s uncertain if Boasberg will pursue contempt charges.
The Justice Department argues that the Supreme Court’s decision nullifies the need for further action, maintaining that the administration didn’t breach the initial order, given factors like flights being outside U.S. airspace.