The Supreme Court on Monday cleared the way for the Trump administration to restart deportations of suspected Venezuelan gang members, allowing the use of the 1798 Alien Enemies Act after lifting a previous lower court block.
In a narrow 5-4 decision, the justices — in an unsigned opinion — agreed that the administration could apply the centuries-old law to remove alleged members of Venezuelan gangs from the U.S. Trump had labeled the Tren de Aragua gang as terrorists, and his immigration chief, Tom Homan, led a high-profile crackdown last month, arresting numerous suspected gang affiliates across the country and arranging their deportation to Venezuelan prisons, which he referred to as "hell holes."
Trump Has the Last Laugh
However, Trump's actions were temporarily halted on March 15 when U.S. District Judge James Boasberg, an Obama appointee, issued a court order halting the deportations. That order has now been overturned by the Supreme Court's recent decision, giving the president the green light to resume sending suspected gang members back to their native countries.
"The detainees are confined in Texas, so venue is improper in the District of Columbia," read the conservative majority opinion.
The court also ruled that anyone the Trump administration aims to deport under the Alien Enemies Act must be given advance notice "within a reasonable time and in such a manner as will allow them to actually seek [a court hearing] in the proper venue before such removal occurs."
"For all the rhetoric of the dissents, today's order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal," the opinion continued. "The only question is which court will resolve that challenge."
Trump hailed the ruling as a "GREAT DAY FOR JUSTICE IN AMERICA" in a post on his Truth Social page Monday night.
"The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders and protect our families and our Country, itself," he wrote.
No More Barriers
The Trump administration filed an urgent appeal to the Supreme Court, asking it to overturn Judge Boasberg's deportation freeze on March 28. This came after a split decision by a three-judge panel from the DC Circuit Court of Appeals, which declined to lift the pause while the legal battle continued.
Last month, Trump invoked the Alien Enemies Act—its first use since World War II—in a move to quickly deport suspected Tren de Aragua gang members to a massive prison facility in El Salvador.
Trump, 78, views the gang as an invading threat, claiming their numbers in the U.S. increased due to what he describes as the Biden administration's weak approach to immigration and border security.
Following the historic Supreme Court decision, Attorney General Pam Bondi announced that she, along with Homeland Security Secretary Kristi Noem and "Border Czar" Tom Homan, will "direct our assets to scour the country for any remnants of Tren De Aragua and DEPORT THEM."
"Tonight's decision is a landmark victory for the rule of law," Bondi added. "An activist judge in Washington, DC does not have the jurisdiction to seize control of President Trump's authority to conduct foreign policy and keep the American people safe."
"The Department of Justice will continue fighting in court to make America safe again."
