- President Donald Trump has requested the U.S. Supreme Court to intervene in his legal battle over the Alien Enemies Act. He is seeking to overturn a ruling by Judge James Boasberg that blocked additional deportations under the act.
- Trump invoked the Alien Enemies Act in response to the Venezuelan gang Tren de Aragua, leading to the deportation of hundreds of Venezuelan migrants.
- A U.S. Court of Appeals upheld Boasberg’s decision, while the Supreme Court has set a briefing schedule with a response deadline of April 1.
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President Donald Trump asked the U.S. Supreme Court to intervene in his legal battle regarding the Alien Enemies Act on Friday, March 28. The emergency appeal calls for the high court to overturn a previous order from U.S. District Judge James Boasberg, who blocked additional deportations related to the act.
In its application to the Supreme Court, lawyers for the administration argued that the matter was too urgent to wait for the case to make its way through the lower courts.
“This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country — the President, through Article II, or the Judiciary, through TROs,” acting Solicitor General Sarah Harris wrote in the application.
“The Constitution supplies a clear answer: the President. The republic cannot afford a different choice,” she continued.
What is the Alien Enemies Act?
The 1798 Alien Enemies Act enables migrants to be deported amid a declared war or an “invasion” by a foreign nation. The law has been used just three previous times, all during wars, but Trump said he can use it because the Venezuelan gang Tren de Aragua is invading the United States.
After the president issued a proclamation invoking the law, the administration quickly deported hundreds of Venezuelan migrants to a Salvadoran prison.
The American Civil Liberties Union (ACLU) filed a lawsuit against the administration on behalf of five Venezuelan migrants held by immigration authorities.
They challenged the use of the act, and Boasberg prevented more deportations while he looked at the case.
Trump then called for his impeachment.
A U.S. Court of Appeals on Wednesday, March 26, issued a decision declining to lift Boasberg’s rulings.
What’s next?
The justices set a briefing schedule for the case, asking that lawyers for the immigrants file a response to the government’s application by 10 a.m. on April 1.
