US Supreme Court lifts deportation ban under Alien Enemies Act

New York — A US judge cancelled a hearing set for Tuesday over whether to impose a longer-lasting block on President Donald Trump’s deportations of Venezuelans.

The deportations were carried out under a 1798 law historically used only in wartime after the US Supreme Court lifted the judge’s temporary ban, but he did not immediately dismiss the case.

The Supreme Court on Monday night granted the administration’s request to end Washington-based US District Judge James Boasberg’s orders that had temporarily blocked the summary deportations under Trump’s invocation of the Alien Enemies Act while litigation in the case continues.

The unsigned 5-4 decision was powered by the court’s conservative justices.

In a filing after the Supreme Court decision, justice department lawyers told Boasberg he no longer has jurisdiction in the matter, should drop the case and should deny the preliminary injunction request by the migrants.

In ending Boasberg’s temporary restraining orders barring such deportations issued on March 15 and March 28 and lasting two weeks apiece, the Supreme Court said detainees should have contested their deportations in Texas, where they were confined, rather than in Washington.

In a brief written order on Tuesday, Boasberg asked lawyers for the detained Venezuelan migrants to tell him by April 16 whether they intend to move forward with their bid for a longer-lasting preliminary injunction.

Lawyers with the American Civil Liberties Union, who are representing the migrants who have filed a legal challenge to Trump’s use of the 18th century law to justify the deportations, did not immediately respond to a request for comment.

Speaking to reporters outside the White House on Tuesday before Boasberg’s postponement, Trump-appointed US attorney general Pam Bondi said the Supreme Court’s decision meant that “violent gang members” already deported would remain in El Salvador, where they are being held, and that she expects the case to move to Texas.

“The Supreme Court has spoken loud and clear — he has no jurisdiction,” Bondi said, referring to Boasberg.

Despite siding with the administration, the court's majority placed limits on how deportations may occur, emphasising that judicial review is required. The ruling did not address how individuals currently held in El Salvador could seek judicial review.

Lee Gelernt, a lawyer with the American Civil Liberties Union representing a group of Venezuelan men in the custody of US immigration authorities, on Monday framed the court’s decision as a victory because it required people be given due process to challenge their removals.

Trump invoked the Alien Enemies Act on March 15 to swiftly deport the alleged members of the Tren de Aragua gang, attempting to speed up removals with a law best known for its use to intern Japanese, Italian and German immigrants during World War 2.

The ACLU sued to block the deportations, arguing that Trump’s order exceeded his powers because the Alien Enemies Act authorises removals only when war has been declared or the US has been invaded.

The ACLU also said it was not given the opportunity to contest the administration’s assertion that the Venezuelans were Tren de Aragua members.

Boasberg is separately weighing whether Trump administration officials should be held in contempt of court for failing to return two deportation flights that were in the air when he issued his March 15 ruling.

In a hearing last week, the judge said there was a “fair likelihood” the administration violated the order.

The judge’s order on Tuesday did not address the status of that probe. Lawyers for the administration have said the deportations were well within a president’s broad authority to conduct national security operations as he sees fit.

The administration has classified Tren de Aragua as a foreign terrorist organisation.

Reuters