The Supreme Court has extended its order blocking the Trump administration from carrying out deportations under the Alien Enemies Act, signaling continued legal setbacks for the president’s controversial immigration approach.
The court criticized the administration for attempting rapid deportations last month, just one day after issuing minimal notice to detainees. Immigrant rights attorneys tried to stop those deportations as they were unfolding. Despite legal intervention, two flights carrying alleged members of the Venezuelan gang Tren de Aragua and other deportees departed while a federal judge in Washington was holding a hearing on the matter on March 15.
Judge James Boasberg had ordered the administration to return the deported individuals, even instructing that the planes be turned around mid-air if necessary. The deportation flights continued regardless. Video later released by Salvadoran officials showed detainees being marched in chains into CECOT, a high-security prison in El Salvador known for housing accused terrorists.
Judge Boasberg is now reviewing whether to initiate formal contempt proceedings in response to the administration’s defiance of his order.
Since those initial removals, courts have prevented further deportations under the Alien Enemies Act, and the Supreme Court has now stepped in multiple times. In an April 7 decision, the justices clarified that individuals labeled as “alien enemies” must be given a real opportunity to challenge that designation in court.
In its latest ruling, the court reaffirmed that right but stopped short of setting a firm requirement for how much advance notice must be given. Lower courts have generally mandated at least two weeks, while the Trump administration argued that a window of 12 to 24 hours is sufficient.
The Supreme Court issued its ruling per curiam, meaning it represented the consensus of the Court rather than any single justice. However, Justice Brett Kavanaugh issued a separate concurring opinion expressing that he would prefer the Court take up the legality of Trump’s use of the Alien Enemies Act directly, without waiting for additional rulings from lower courts.
The Court’s majority, while not deciding the broader legality of the policy, directed lower courts to resolve Alien Enemies Act cases promptly.
Justice Samuel Alito dissented, joined by Justice Clarence Thomas. He argued that the Supreme Court lacks jurisdiction at this stage and defended the Texas judge who initially allowed the deportations to proceed, calling the lower court’s actions “entirely reasonable.”
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