The US Supreme Court has temporarily halted the Trump administration from deporting Venezuelan men in immigration custody after their legal representatives claimed they faced immediate removal without the necessary judicial review previously mandated by the justices.
“The government is instructed not to remove any individual from the class of detainees from the United States until further notice from this Court,” the justices stated in a brief, unsigned ruling.
Conservative Justices Clarence Thomas and Samuel Alito openly dissented from the ruling, which was issued in the early hours of this morning.
Lawyers representing the American Civil Liberties Union urgently filed requests yesterday in several courts, including the Supreme Court, calling for immediate intervention after reports indicated that some men had already been boarded onto buses and informed they were being deported.
This case raises concerns about the Trump administration’s compliance with limits established by the Supreme Court. It poses the risk of a significant conflict between the two coequal branches of government and could potentially lead to a full-blown constitutional crisis.
Elected last year on a commitment to tighten immigration policies, Mr. Trump invoked the 1798 Alien Enemies Act to expedite the deportation of alleged members of Tren de Aragua, a criminal gang that originated in Venezuelan prisons and is labeled a terrorist group by his administration.
The president and his senior advisors have claimed that their executive power grants them extensive authority over immigration issues, thereby challenging the balance of power between the branches of government.
During a hearing yesterday, a government attorney stated in a related case that he was unaware of any plans by the Department of Homeland Security to deport the men at that time but mentioned that deportations could occur today.
Mr. Trump achieved a minor victory yesterday when an appeals court suspended a contempt threat issued by District Judge James Boasberg.
Judge Boasberg also denied an ACLU request to prevent Mr. Trump from deporting suspected members of Tren de Aragua, referencing an April 7 Supreme Court ruling that permitted Mr. Trump to utilize the Alien Enemies Act, albeit with specific restrictions.
Judge Boasberg expressed concern that the government would deport additional individuals as soon as today, stating, “at this point, I just don’t believe I have the authority to intervene.”
Mr. Trump has previously called for Judge Boasberg’s impeachment following an unfavorable ruling, eliciting a rare admonition from US Chief Justice John Roberts.
While one hearing was taking place in Judge Boasberg’s court, the ACLU pursued a separate strategy to prevent the deportation of Venezuelans detained in Texas.
ACLU attorneys submitted petitions to the Supreme Court after failing to obtain a swift response from earlier filings yesterday before US District Judge James Hendrix in Abilene, Texas, and the Fifth U.S. Circuit Court of Appeals in New Orleans to halt any potential deportations.
In this morning’s order, the Supreme Court invited the administration to respond to the ACLU’s request following actions from the 5th Circuit.
The ACLU reported that the men had received forms designating them as members of Tren de Aragua.
The central question is whether the Trump administration has satisfied the Supreme Court’s standard for ensuring due process for detainees before their potential removal to another country, which may include notorious prisons in El Salvador.
It remains unclear how many individuals could be affected by deportations and where they might be sent.
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Their deportation would mark the first instance since the Supreme Court’s 5-4 ruling that permitted removals under the 1798 law while clarifying that “the notice must be given within a reasonable timeframe and in a manner that enables them to actually seek habeas relief in the appropriate venue before such removal takes place.”
Habeas corpus relief pertains to the right of detainees to challenge the legality of their detention and is regarded as a fundamental right under US law.
The Supreme Court did not specify how much notice should be provided. Lawyers nationwide have requested that the migrants be given a minimum of 30 days’ notice to contest their deportations. The Trump administration has not disclosed publicly the duration of notice it plans to offer the migrants.
The ACLU submitted a photograph of one of the notices to the court.
“You have been determined to be an Alien Enemy subject to apprehension, restraint, and removal,” read the notice. The recipient’s name was obscured, and it was noted that the migrant had declined to sign it.
When queried about the proposed deportations yesterday, Mr. Trump stated he was not familiar with the specific case but added, “If they’re bad people, I would certainly authorize it.”
“That’s why I was elected. A judge wasn’t elected,” he told reporters at the White House.
Defense attorneys and Democrats in Congress have pressured the administration to explain how it verifies that the Venezuelans are indeed members of the gang, which is involved in human trafficking and other crimes in South America, albeit with a smaller presence in the US.
“We are not going to disclose the specifics of counter-terrorism operations, but we are abiding by the Supreme Court’s ruling,” stated Assistant Secretary for US Homeland Security Tricia McLaughlin in a comment.
On March 15, the Trump administration deported over 130 individuals alleged to be members of Tren de Aragua to El Salvador. Many of the migrants’ lawyers and family members contend that they were not gang members and had no opportunity to dispute the government’s claims.
