Trump Appeals to US Supreme Court to Reinstate Immigrant Deportation Order

The administration of Donald Trump has approached the US Supreme Court requesting permission to resume the deportation of Venezuelan migrants under the Alien Enemies Act, a wartime law dating back to the 18th century. The appeal follows a federal court order that temporarily blocked these deportations.

The Department of Justice filed an emergency petition urging the Supreme Court to overturn the March 15 ruling by US District Judge James Boasberg, who ordered a halt to the removals while a legal challenge progresses.

 

Legal Dispute Over Wartime Law

The Trump administration invoked the Alien Enemies Act—used historically only during wartime—to justify the immediate deportation of Venezuelan migrants. The move came after Trump issued a presidential proclamation labelling the Venezuelan gang, Tren de Aragua, as an invading force threatening US national security.

The Justice Department argued that decisions on sensitive immigration and national security matters fall solely under the President’s authority, stating, "The Constitution supplies a clear answer: the President. The republic cannot afford a different choice."

 

Federal Court Intervention

The legal challenge, filed by the American Civil Liberties Union (ACLU), represents five Venezuelan noncitizens detained in Texas. Judge Boasberg ruled that deportees should be given an opportunity to challenge allegations of gang affiliation before removal, citing concerns over wrongful deportations.

The Trump administration, however, claimed the federal court’s intervention undermined presidential authority and impacted ongoing foreign negotiations. Acting Solicitor General Sarah Harris stated in court documents that the district court’s order "rebuffed the President’s judgment as to how to protect the nation."

 

Political and Judicial Clash

The case has escalated into a flashpoint between the Trump administration and the judiciary. President Donald Trump called for Judge Boasberg’s impeachment, prompting criticism from US Chief Justice John Roberts. Trump described Boasberg as a "Radical Left Lunatic" on social media.

The DC Circuit Court upheld Boasberg’s temporary ban after an intense hearing where concerns were raised about the treatment of immigrants under the wartime law. Judge Patricia Millett notably remarked that "Nazis got better treatment under the Alien Enemies Act than has happened here."

 

Families Dispute Deportation Claims

Relatives of many deported immigrants have denied any ties to gangs. In one case, US authorities reportedly deported a Venezuelan footballer after misidentifying his Real Madrid tattoo as a gang symbol.

The Alien Enemies Act permits the deportation of noncitizens without a hearing, but Judge Boasberg ruled that immigrants must have the right to challenge their alleged gang affiliations. He highlighted a "strong public interest in preventing the mistaken deportation of people based on categories they have no right to challenge."

 

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