US SC allows Trump to deport Venezuelans under Alien Enemies Act with conditions; Pam Bondi calls it ‘landmark victory’
The US Supreme Court on Monday overturned a lower court order that blocked the Trump administration from deporting undocumented Venezuelan migrants using an obscure 18th-century wartime law.
However, it said that migrants subject to deportation under the Alien Enemies Act must get a court hearing before being taken away from the United States.
What did the court order?
“For all the rhetoric of the dissents,” the court wrote in an unsigned opinion, the high court order confirms “that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal.”
In fact, the administration must give Venezuelans who it claims are gang members “reasonable time” to go to court.
What did Pam Bondi say about the order?
Attorney General Pam Bondi called the court’s ruling “a landmark victory for the rule of law.”
“An activist judge in Washington, DC does not have the jurisdiction to seize control of President Trump’s authority to conduct foreign policy and keep the American people safe,” Bondi wrote in a social media post.
At the same time, the three liberal justices dissented, arguing that the government was attempting to bypass judicial oversight and should not be rewarded for doing so.
This case has become a critical flashpoint amid growing tensions between the White House and the federal courts.
The initial order halting deportations to El Salvador was issued by U.S. District Judge James E. Boasberg, the chief judge at the federal courthouse in Washington.
President Donald Trump cited the Alien Enemies Act for the first time since World War II to defend the deportation of hundreds of individuals, using a presidential proclamation that labelled the Tren de Aragua gang as an invading force.
Meanwhile, attorneys from the American Civil Liberties Union filed the lawsuit on behalf of five Venezuelan noncitizens, who were being held in Texas, hours after the proclamation was made public and as immigration authorities were shepherding hundreds of migrants to waiting airplanes.
Boasberg imposed a temporary halt on deportations and also ordered planeloads of Venezuelan immigrants to return to the U.S. That did not happen. The judge held a hearing last week over whether the government defied his order to turn the planes around. The administration has invoked a “ state secrets privilege ” and refused to give Boasberg any additional information about the deportations.
Trump and his allies have called for impeaching Boasberg. In a rare statement, Chief Justice John Roberts said, “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
What is the Alien Enemies Act?
The Alien Enemies Act, enacted in 1798 as part of the Alien and Seditious Acts, is a U.S. federal law that grants the President the authority to detain or relocate citizens from countries deemed hostile during times of war or invasion. It specifically applies to immigrants without providing court hearings based on their country of origin or citizenship.
Also Read: Donald Trump’s immigration crackdown: What is self-deportation? Why are Indians opting for it?
Originally designed to prevent foreign espionage and sabotage during wartime, the law has been controversially used against immigrants who are lawfully present in the U.S. without any signs of disloyalty. This has raised concerns about possible violations of constitutional rights, including due process and equal protection.
(With inputs from agencies)
