The U.S. Supreme Court on Monday issued a 5-4 decision allowing the Trump administration to resume deportations of suspected Venezuelan gang members under the Alien Enemies Act of 1798. The ruling lifts a lower court order that had temporarily blocked the removals.
The high court determined that President Donald Trump’s administration is “likely to succeed on the merits” in its challenge to a lawsuit filed in a Washington, D.C. district court regarding the removal of five Venezuelan nationals.
The decision enables the administration to proceed with deportations while litigation continues.
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“The detainees are confined in Texas, so venue is improper in the District of Columbia,” the majority opinion stated.
The ruling further clarified that individuals targeted for removal under the Alien Enemies Act must be given advance notice in a way that allows them to seek a court hearing “within a reasonable time and in such a manner as will allow them to actually seek [a court hearing] in the proper venue before such removal occurs.”
“For all the rhetoric of the dissents, today’s order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal,” the opinion continued. “The only question is which court will resolve that challenge.”
The case stems from an earlier ruling by D.C. District Court Chief Judge James Boasberg, who issued a temporary restraining order blocking the Trump administration from using the Alien Enemies Act in March. The restraining order was later extended until at least April 12.
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The Trump administration filed an emergency request with the Supreme Court on March 28 after a divided three-judge panel on the D.C. Circuit Court of Appeals declined to lift the stay.
The administration had invoked the Alien Enemies Act for the first time since World War II to expedite the removal of alleged members of the Tren de Aragua gang, a group Trump has referred to as an invading force.
The administration has been deporting suspected members of the gang to the high-security Terrorist Confinement Center (CECOT) in El Salvador.
Today’s SCOTUS ruling is a victory for commonsense security. An activist judge cannot stop the will of the American people for a safe and secure homeland. @POTUS Trump and @Sec_Noem will continue to enforce our immigration laws and restore sanity to our immigration system by… pic.twitter.com/J5OIwNKg3Z
— Homeland Security (@DHSgov) April 8, 2025
Reacting to the Supreme Court’s decision, President Trump wrote on Truth Social: “The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself.” He added, “A GREAT DAY FOR JUSTICE IN AMERICA!”
The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself. A GREAT DAY FOR JUSTICE IN AMERICA!
Donald Trump Truth Social 04/07/25 07:52 PM
— Donald J. Trump Posts From His Truth Social (@TrumpDailyPosts) April 7, 2025
In dissent, Justice Sonia Sotomayor criticized the majority, accusing the administration of attempting to remove the detainees before a court could intervene.
“Because the Court should not reward the Government’s efforts to erode the rule of law with discretionary equitable relief, I respectfully Dissent,” she wrote.
“Congress requires the President to ‘mak[e] public proclamation’ of his intention to invoke the Alien Enemies Act,” Sotomayor added.
“President Trump did just the opposite. In what can be understood only as covert preparation to skirt both the requirements of the Act and the Constitution’s guarantee of due process.”
Justice Amy Coney Barrett, appointed by President Trump, joined portions of the dissent.
Attorney General Pam Bondi responded to the decision by stating that she, Homeland Security Secretary Kristi Noem, and Border Czar Tom Homan would “direct our assets to scour the country for any remnants of Tren De Aragua and DEPORT THEM.”
“Tonight’s decision is a landmark victory for the rule of law,” Bondi said.
“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 also said the Department of Justice would continue to defend the administration’s actions in court.
Secretary Noem added, “It is a bad day to be a terrorist and criminal alien in the United States of America.”
She described the ruling as a “victory for commonsense security” and reaffirmed the administration’s intention to continue enforcing immigration laws using all available authorities, including the Alien Enemies Act.
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