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3w ago

Federal Courts and Supreme Court Stall Trump Deportations Under Alien Enemies Act

Judges enforce due process requirements while Trump administration resists orders to repatriate a wrongfully deported U.S. resident.

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The U.S. Supreme Court is seen in Washington, D.C. on June 20, 2024.Andrew Harnik/Getty ImagesThe U.S. Supreme Court is seen in Washington, D.C. on June 20, 2024.

Overview

  • The Trump administration's use of the 1798 Alien Enemies Act for expedited deportations remains largely halted by court injunctions and a Supreme Court stay pending further review.
  • Federal judges, including in Colorado and New York, have imposed procedural safeguards, requiring notice, hearings, and access to legal counsel for detainees facing deportation.
  • The Supreme Court has temporarily blocked deportations under the act, emphasizing the need for due process, with Justices Alito and Thomas dissenting from the decision.
  • House Democrats have traveled to El Salvador to advocate for Kilmar Abrego Garcia, a U.S. resident deported in error, as the administration claims it cannot facilitate his return due to foreign custody.
  • President Trump has criticized the judiciary for obstructing deportations, arguing that providing trials for all migrants is unfeasible and urging the Supreme Court to lift its stay.