Emergency Supreme Court Declaration on the Alien Enemies Act

In an emergency weekend decision, the Supreme Court ordered the Trump administration to halt the deportation of 30 alleged Venezuelan gang members who were scheduled to be removed immediately. In their order, the Court said, “The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court.” 

The lead ACLU counsel said the organization was “relieved that the Supreme Court has not permitted the administration to whisk them away the way others were just last month.” The ACLU attorneys argued that without a court order blocking the removals, immigrants “may be removed to a possible life sentence in El Salvador with no real opportunity to contest their designation or removal.” The Justice Department disputed the ACLU’s claim, saying that they only needed to provide 24 hours notice to the targeted individuals and did not need to provide guidance on how to contest their deportation. 

The Supreme Court said it would take further action after lower courts ruled on related cases in Texas, Washington, and New Orleans. The ACLU and other immigrant advocacy organizations have filed lawsuits around the country challenging deportations under the Alien Enemies Act. Last week, a federal judge in Colorado temporarily blocked the Trump administration from using the Alien Enemies Act to deport Venezuelan immigrants from Colorado to El Salvador. 

Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.