BY Benjamin ClarkApril 19, 2025
10 months ago
BY 
 | April 19, 2025
10 months ago

Supreme Court pauses deportations initiated under Alien Enemies Act

The U.S. Supreme Court has intervened to temporarily stop the deportation of migrants to El Salvador under the Alien Enemies Act.

In a pivotal decision, the deportations of detained migrants in Texas were halted by the high court following an emergency appeal by the ACLU, as The Hill reports.

Early Saturday, the court issued an emergency order that effectively paused the administration's efforts to deport migrants under a law from 1798, originally intended for use during wartime. This decision comes amid intense legal scrutiny and public concern regarding the potential severe consequences for the deportees.

The ACLU's appeal, which prompted this judicial halt, was a reaction to an urgent situation in which migrants were being prepared for deportation to El Salvador. Concerns were primarily based on the threat of these individuals facing harsh penalties without proper judicial review in El Salvador.

Justices Clarence Thomas and Samuel Alito expressed their dissent, highlighting the divided perspective within the Supreme Court regarding this matter.

Emergency appeal unfolds

The administration's plans were first put into action last month when more than 100 migrants were deported under the Alien Enemies Act by the Trump administration.

This usage of the act, historically intended for wartime applications, was justified by the current administration due to activities linked to the Venezuelan gang Tren de Aragua, which they described as resembling an invasion.

Friday was marked by a flurry of legal maneuvers, including the rushed appeal to the U.S. District Judge James Hendrix by the ACLU as migrants were being transported to an airport for the impending deportation.

The 5th Circuit Court of Appeals soon afterward declined the ACLU’s initial appeal noting that the district court was only given 42 minutes to respond.

The Supreme Court's subsequent intervention specified that deportation of the detainees should be paused until a further order, noting, "The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court."

Responses to, ramifications of ruling

Following the Supreme Court’s decision, the temporary suspension of deportations was not only applicable to those in Texas but also extended to migrants detained under the same provisions in the Southern Districts of New York and Texas.

Deputy Assistant Attorney General Drew Ensign confirmed that no deportation flights were planned for that Friday or Saturday, but also indicated that the administration reserves the right to conduct deportations subsequently.

This complex legal situation was further compounded when U.S. District Judge James Boasberg, overseeing the ACLU's challenge against the initial deportations under this act, admitted he had no jurisdiction following a Supreme Court ruling. He also mentioned the potential criminal contempt charges against the Trump administration for defying an earlier order to stop deportations.

The continued use of the Alien Enemies Act, particularly in contexts that significantly impact human rights, raises important questions about the balance between national security and civil liberties.

Looking ahead: Uncertainty further review awaited

As the situation develops, the legal community and migrant advocacy groups closely monitor any movements or decisions related to this case.

The implications of the Supreme Court’s temporary halt are vast, potentially influencing future policies on migration and the use of dated legislative tools like the Alien Enemies Act in modern governance.

The ACLU's proactive stance in these legal battles underscores the ongoing debate over migrant rights and the proper administration of justice. As the judiciary steps in to impose checks on executive powers, the unfolding events will likely provide critical precedents for handling similar cases in the future.

While the Supreme Court’s order has provided a temporary reprieve for the affected migrants, the broader legal and political repercussions of this decision remain to be seen as the nation continues to grapple with complex immigration issues.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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