Supreme Court allows Trump to deport Venezuelans under wartime law, but only after judges' review [View all]
Last edited Mon Apr 7, 2025, 07:52 PM - Edit history (1)
Source: AP
Updated 8:43 PM EDT, April 7, 2025
WASHINGTON (AP) — The Supreme Court on Monday allowed the Trump administration to use an 18th century wartime law to deport Venezuelan migrants, but said they must get a court hearing before they are taken from the United States. In a bitterly divided decision, the court said the administration must give Venezuelans who it claims are gang members “reasonable time” to go to court.
But the conservative majority said the legal challenges must take place in Texas, instead of a Washington courtroom.
The court’s action appears to bar the administration from immediately resuming the flights that last month carried hundreds of migrants to a notorious prison in El Salvador. The flights came soon after President Donald Trump invoked the Alien Enemies Act for the first time since World War II to justify the deportations under a presidential proclamation calling the Tren de Aragua gang an invading force.
The majority said nothing about those flights, which took off without providing the hearing the justices now say is necessary. In dissent, the three liberal justices said the administration has sought to avoid judicial review in this case and the court “now rewards the government for its behavior.” Justice Amy Coney Barrett joined portions of the dissent.
Read more: https://apnews.com/article/supreme-court-trump-deportations-el-salvador-9988b667199e1b02fc0a6a83570225c1
Article updated.
Previous articles -
WASHINGTON (AP) -- The Supreme Court on Monday allowed the Trump administration to use an 18th century wartime law to deport Venezuelan migrants, but said they must get a court hearing before they are taken from the United States.
In a bitterly divided decision, the court said the administration must give Venezuelans who it claims are gang members "reasonable time" to go to court. But the conservative majority said the legal challenges must take place in Texas, instead of a Washington courtroom.
In dissent, the three liberal justices said the administration has sought to avoid judicial review in this case and the court "now rewards the government for its behavior." Justice Amy Coney Barrett joined portions of the dissent. The justices acted on the administration's emergency appeal after the federal appeals court in Washington left in place an order temporarily prohibiting deportations of the migrants accused of being gang members under the rarely used Alien Enemies Act.
"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."
WASHINGTON (AP) -- The Supreme Court on Monday allowed the Trump administration to use an 18th century wartime law to deport Venezuelan migrants, but said they must get a court hearing before they are taken from the United States.
In a bitterly divided 5-4 decision, the court said the administration must give Venezuelans who it claims are gang members "reasonable time" to go to court. But the conservative majority said the legal challenges must take place in Texas, instead of a Washington courtroom.
In dissent, the three liberal justices said the administration has sought to avoid judicial review in this case and the court "now rewards the government for its behavior." Justice Amy Coney Barrett joined portions of the dissent.
The justices acted on the administration's emergency appeal after the federal appeals court in Washington left in place an order temporarily prohibiting deportations of the migrants accused of being gang members under the rarely used Alien Enemies Act. The case has become a flashpoint amid escalating tension between the White House and the federal courts.
Original article/headline -
Updated 7:03 PM EDT, April 7, 2025
WASHINGTON (AP) -- The Supreme Court on Monday lifted a court order blocking the Trump administration from deporting Venezuelan migrants under an 18th century wartime law.
In a bitterly divided 5-4 decision, the court said the migrants still must get a chance to challenge their deportation before they are taken out of the country and said the Trump administration must give them "reasonable time" to go to court.
But the conservative majority said the legal challenges must take place in Texas, instead of a Washington courtroom.
The justices acted on the administration's emergency appeal after the federal appeals court in Washington left in place an order temporarily prohibiting deportations of the migrants accused of being gang members under the rarely used Alien Enemies Act. The case has become a flashpoint amid escalating tension between the White House and the federal courts.
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