The administration led by President Trump has requested that the U.S. Supreme Court overturn a lower court ruling that prevents it from using the Alien Enemies Act to expedite the deportation of individuals alleged to be members of a Venezuelan gang. Earlier this month, Trump utilized this seldom-invoked wartime authority to relocate over 200 Venezuelan men to a high-security prison in El Salvador. However, U.S. District Judge James Boasberg issued a temporary block against the use of the Alien Enemies Act, a decision that was upheld by a 2-1 ruling from a D.C. Circuit Court of Appeals panel earlier this week.
Acting Solicitor General Sarah Harris argued in the appeal submitted to the Supreme Court that the issue at hand pertains to who holds the authority to make decisions regarding national security operations in the U.S.—the President via Article II or the Judiciary. Harris emphasized that the Constitution clearly designates this power to the President, suggesting that choosing otherwise could be detrimental to the nation. She further noted that Judge Boasberg’s rulings have countered the President’s decisions on mitigating risks posed by foreign terrorist groups, potentially impairing sensitive foreign negotiations.
The Trump administration faced legal challenges from the American Civil Liberties Union and Democracy Forward over the use of the Alien Enemies Act, with claims that individuals were removed without due process. During oral arguments at the D.C. Circuit, Judge Patricia Millett highlighted a concern that the treatment accorded under this act was inferior to that received by Nazis, as they were provided hearing boards before being deported.
The White House has indicated that the Venezuelans deported to El Salvador were affiliates of Tren de Aragua, a group declared a foreign terrorist organization by the Trump administration. However, the claims have scant evidence, and court documents reveal that many deportees lack a criminal history in the U.S., with the administration asserting that the absence of specific information on each individual underscores the potential threat they pose.
