President Trump faced a legal setback Friday as the Supreme Court ruled he cannot rely on the centuries-old Alien Enemies Act to immediately expel a group of Venezuelan nationals suspected of gang affiliations, who are currently detained in Texas.
The justices, issuing an unsigned opinion, determined that the individuals must be allowed to stay in the United States for now, while the lower courts continue to examine the legal requirements regarding how far in advance the government must notify migrants about plans to deport them.
This decision upholds an earlier stay from April 19, which also halted rapid deportations under the 1798 Alien Enemies Act—a legal provision the Trump administration had attempted to revive in recent months.
“We did not on April 19—and do not now—address the underlying merits of the parties’ claims regarding the legality of removals under the AEA,” the Court stated, while adding that the government still has the option to pursue deportations “under other lawful authorities.”
That said, pursuing removal through alternative legal routes would generally necessitate that the government provide notice to the migrants and allow them to contest their removal in a court setting.
Justices Clarence Thomas and Samuel Alito dissented from the ruling. Justice Brett Kavanaugh submitted a short concurring opinion, though all three conservative justices expressed dissatisfaction with the procedural posture of the case.
“From the Court’s order, it is not entirely clear whether the Court has silently decided issues that go beyond the question of interim relief. (I certainly hope that it has not.),” Alito wrote. “But if it has done so, today’s order is doubly extraordinary. Granting certiorari before a court of appeals has entered a judgment is a sharp departure from usual practice, but here neither the Court of Appeals nor the District Court has decided any merits questions.”
Kavanaugh emphasized the need for a speedy and definitive outcome. “The circumstances call for a prompt and final resolution, which likely can be provided only by this Court,” he said. “At this juncture, I would prefer not to remand to the lower courts and further put off this Court’s final resolution of the critical legal issues. Rather, consistent with the Executive Branch’s request for expedition—and as the detainees themselves urge—I would grant certiorari, order prompt briefing, hold oral argument soon thereafter, and then resolve the legal issues.”
{Matzav.com}