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April 23rd , 2025

FAISAL IDDRISU GARIBA

3 weeks ago

TRUMP SEEKS SUPREME COURT APPROVAL TO DEPORT VENEZUELAN MIGRANTS USING WARTIME AUTHORITY

Politics

3 weeks ago

On March 28, 2025, the Trump administration escalated its immigration enforcement efforts by filing an emergency appeal with the U.S. Supreme Court. The request seeks permission to resume deportations of Venezuelan migrants to El Salvador under the Alien Enemies Act of 1798, a rarely invoked wartime law. This move follows a series of legal setbacks, including a federal appeals court’s decision to uphold a temporary block on such deportations, prompting the administration to turn to the nation’s highest court.

The Alien Enemies Act, last used during World War II, grants the president broad powers to detain and deport noncitizens from nations deemed hostile during times of war or invasion. President Trump invoked the law earlier this month, targeting alleged members of the Venezuelan gang Tren de Aragua, which he has labeled an “invading force” destabilizing the U.S. The administration argues that the gang’s criminal activities—linked to kidnapping, extortion, and violence—justify bypassing standard immigration processes, including due process hearings.

The legal battle began when U.S. District Judge James Boasberg issued a restraining order on March 15, halting deportations after the American Civil Liberties Union (ACLU) sued on behalf of five Venezuelan migrants. Boasberg ruled that the law’s use in peacetime against a non-state actor like a gang was questionable and that deportees deserved a chance to challenge their designations. Despite the order, over 200 migrants were deported to El Salvador, sparking accusations that the administration defied the judiciary—a charge it denies, claiming the flights were already airborne.

The D.C. Circuit Court of Appeals upheld Boasberg’s block in a 2-1 ruling on March 26, with Judge Patricia Millett arguing the deportations denied migrants “even a gossamer thread of due process.” The administration, undeterred, now contends that federal courts overstepped by interfering with the president’s national security authority and delicate foreign negotiations, such as the $6 million deal with El Salvador to detain deportees.

Critics, including the ACLU, warn that the law’s broad application could target Venezuelans indiscriminately, risking mistaken deportations without evidence of gang ties. Supporters, like White House Press Secretary Karoline Leavitt, frame it as a necessary defense against “foreign alien terrorists.” The Supreme Court’s decision, expected soon given the Tuesday deadline for the ACLU’s response, could set a precedent for executive power over immigration. With a conservative majority—bolstered by Trump’s appointees—the outcome may reshape the balance between security and due process in U.S. policy.

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TRUMP SEEKS SUPREME COURT APPROVAL TO DEPORT VENEZUELAN MIGRANTS USING WARTIME AUTHORITY

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