The United States Supreme Court has held that it is fine that the Trump administration continues to deport Venezuelan migrants using an 18th-century law of war but grant them “reasonable time” to appear before a court.
By a 5-4 margin on Monday, the Supreme Court overturned a lower federal court injunction that attempted to temporarily suspend summary deportations under the 1798 Alien Enemies Act. The law, unused since World War II, is now being used by the Trump administration to deport individuals linked to Venezuela’s Tren de Aragua gang, saying they are engaged in “irregular warfare” in the United States.
Following President Trump’s inauguration, dozens of individuals were deported to El Salvador. Deportation flights, however, were suspended after a federal judge intervened on March 15.
While the Supreme Court ruling permits the administration to utilize this wartime tactic for deportations, it emphasizes that the individuals still retain their right to due process, including the right to be provided with notice and an opportunity to challenge their removal.
In a stunning dissent, the three liberal justices of the court were joined by conservative Justice Amy Coney Barrett, who agreed with some aspects of their argument. President Trump and the American Civil Liberties Union (ACLU), which had defended five Venezuelan nationals in this case, both described the decision as a big win.
In a different case, the Supreme Court also suspended a lower court decision that directed the Trump administration to repatriate Kilmar Abrego Garcia, a Salvadoran male who had been deported in mistake. The lower court had directed his repatriation by Monday midnight.
The short-term residence gives the justices more time to study the case. Abrego Garcia, a legal US resident and married to an American citizen, was previously given protection from deportation in a 2019 ruling, citing the risk he would face from criminal gangs if sent back to El Salvador.
US government attorneys have accused Abrego Garcia of having connections to the infamous MS-13 gang, which his attorneys have strenuously denied. The Trump administration declared MS-13 a “terrorist organization” earlier this year.
