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Trump Administration Appeals to Supreme Court Over Alien Enemies Act Deportations

The Justice Department seeks to overturn lower court rulings blocking the deportation of alleged Venezuelan gang members under the 1798 law, citing presidential authority in national security matters.

Salvadoran police officers escort alleged members of the Venezuelan gang Tren de Aragua deported by the U.S. government to be imprisoned in the Terrorism Confinement Center (CECOT) prison, as part of an agreement with the Salvadoran government, in Tecoluca, El Salvador, in this handout image obtained March 16, 2025. Secretaria de Prensa de la Presidencia/Handout via REUTERS/File Photo
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Venezuelan migrants deported from the United States arrive at Simon Bolivar International Airport in Maiquetia, Venezuela, Monday, March 24, 2025. (AP Photo/Ariana Cubillos)
Migrants can be seen boarding a plane during the first deportation flight of undocumented migrants from the U.S. to Venezuela, in Harlingen, Texas, on October 18, 2023.

Overview

  • The Trump administration has filed an emergency appeal to the Supreme Court to lift a restraining order blocking deportations under the Alien Enemies Act.
  • Lower courts, including the U.S. Court of Appeals for the D.C. Circuit, ruled that the 1798 law requires conditions like a declared war or invasion, which are not present in this case.
  • Judge James Boasberg initially halted the deportations on March 15, citing due process concerns, but two flights carrying deportees to El Salvador proceeded despite his order.
  • The administration argues that the judiciary is overstepping its role and that the president has constitutional authority to manage national security operations.
  • Critics, including rights advocates and family members, dispute the gang affiliations of deportees and emphasize the lack of hearings to contest their removal.