President Trump cannot use the 18th-century Alien Enemies Act to swiftly deport a group of suspected gang members from Venezuela who are being held in Texas.
The latest unsigned order had the justices ruling that South Americans need to stay in the US while lower courts decide how far in advance migrants need to remain informed of the removal.
Friday’s ruling follows an April 19 order that blocked fast deportations under the 1798 law, which was invoked by the administration during the year’s start.
The majority opinion read how we didn’t do it on April 19 and they won’t be doing it now either. This was adding the underlying merits of the parties’ claims linked to the legality of removals under the AEA. They noted how the government still has the right to deport the migrants under other lawful authorities.
Such removals would require notice and a chance to challenge the deportations in the courtroom. The order cites how the Trump administration’s inability to effectively return a gang member who was deported to his home country in El Salvador despite a court order barring his removal is proof of the consequences at stake.