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ACLU Seeks Supreme Court Intervention to Halt Deportations Under Alien Enemies Act

Trump administration prepares deportations of Venezuelan detainees as legal challenges over due process and executive authority escalate.

U.S. District Judge James Boasberg, chief judge of the United States District Court for the District of Columbia, stands for a portrait at E. Barrett Prettyman Federal Courthouse in Washington, March 16, 2023.
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U.S. Supreme Court Justice Elena Kagan sits on a panel at the 2024 Ninth Circuit Judicial Conference in Sacramento, Calif., Thursday July 25, 2024.

Overview

  • The ACLU filed an emergency petition with the Supreme Court to block imminent deportations of Venezuelan detainees under the 1798 Alien Enemies Act, citing inadequate notice and due process violations.
  • Detainees at the Bluebonnet Detention Center in Texas were reportedly given less than 24 hours' notice of their deportation, raising concerns about compliance with Supreme Court-mandated judicial review requirements.
  • Judge James Boasberg declined to block the deportations, stating he lacked jurisdiction under the Supreme Court's April 7 ruling, which limits intervention to courts in the detainees' local jurisdiction.
  • The D.C. Circuit Court temporarily stayed Boasberg’s contempt proceedings against Trump administration officials for defying prior court orders related to earlier deportation flights.
  • The Trump administration argues it is acting within its authority to deport alleged gang members under the wartime Alien Enemies Act, a statute rarely invoked in modern history.