The unsigned decision allows Trump to invoke the act while litigation involving its use plays out in lower courts.
The Supreme Court on Monday evening ruled that the Trump administration can continue to use the Alien Enemies Act, granting an emergency request from the administration.
The unsigned decision allows Trump to invoke the 1798 law while litigation involving the use of the act plays out in lower courts, per CNN. The three more liberal justices in the high court dissented, and Justice Amy Coney Barrett partially dissented. Trump wrote in response to the ruling, "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. A GREAT DAY FOR JUSTICE IN AMERICA!"
The court said in the order that officials must give those subject to the Act adequate notice that they are being removed so that they have time to bring forth habeas complaints.
"The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs," the justices wrote. They added, "The detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal."
The Supreme Court’s order lifts Judge James Boasberg’s order that blocked the use of the Act back in March. Trump invoked the Alien Enemies Act on March 15 to swiftly deport members of the violent Venezuelan Tren de Aragua gang from the United States. Boasberg issued his order the same day the Act was invoked, and the timing of flights that left the United States that evening for an El Salvadoran prison under the Act were called into question.
The Trump administration has said that the flights left US airspace by the time Boasberg’s written order came down, which came hours after Boasberg’s verbal order that stated planes in the air deporting alleged gang members under the Act needed to turn around. The written order, the administration said, did not mention flights that were in the air.
White House press secretary Karoline Leavitt said in a statement at the time, "The Administration did not ‘refuse to comply’ with a court order." The order was "issued after terrorist TdA aliens had already been removed from US territory. The written order and the Administration’s actions do not conflict."
"Tonight’s decision is a landmark victory for the rule of law. 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," Attorney General Pam Bondi wrote. "The Department of Justice will continue fighting in court to make America safe again." This is a breaking story. Please refresh the page for updates.
Powered by The Post Millennial CMS™ Comments
Join and support independent free thinkers!
We’re independent and can’t be cancelled. The establishment media is increasingly dedicated to divisive cancel culture, corporate wokeism, and political correctness, all while covering up corruption from the corridors of power. The need for fact-based journalism and thoughtful analysis has never been greater. When you support The Post Millennial, you support freedom of the press at a time when it's under direct attack. Join the ranks of independent, free thinkers by supporting us today for as little as $1.
Remind me next month
To find out what personal data we collect and how we use it, please visit our Privacy Policy
Comments