The Supreme Court on Friday rejected the Trump administration's appeal to let it quickly resume deportations of Venezuelans under an 18th-century wartime law. Over two dissenting votes, the justices acted on an emergency appeal from lawyers for Venezuelan men who have been accused of being gang members, a designation that the administration says makes them eligible for rapid removal from the US under the Alien Enemies Act of 1798. Justices Samuel Alito and Clarence Thomas dissented, the AP reports.
The court had already called a temporary halt to the deportations from a north Texas detention facility in a late-night order issued last month. The case is among several making their way through the courts over President Trump's proclamation in March calling the Tren de Aragua gang a foreign terrorist organization and invoking the 1798 law to deport people. The Supreme Court case centers on the opportunity people must have to contest their removal from the US, without determining whether Trump's invocation of the law was appropriate. "We recognize the significance of the Government's national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution," the justices said in an unsigned opinion.
At least three federal judges have said Trump was improperly using the AEA to speed deportations of people the administration says are Venezuelan gang members. On Tuesday, a judge in Pennsylvania signed off on use of the law. The Supreme Court on Friday made clear that it was not blocking other ways the government may deport people. But it used stronger language in stressing the need for due process, per the Washington Post. "A detainee must have sufficient time and information to reasonably be able to contact counsel, file a petition, and pursue appropriate relief," the order says. The case was sent back to a federal appeals court for consideration of the issue, per the New York Times.
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