Despite the fact there isn’t a plausible argument the Alien Enemies Act can be used to do so.
On Monday night, the Supreme Court handed down a 5-4 decision tossing out a closely watched district court decision, which blocked President Donald Trump’s attempt to use a 227-year-old law — the Alien Enemies Act — to deport many individuals without due process. The Court largely voted along party lines, although Republican Justice Amy Coney Barrett crossed over to dissent with the three Democratic justices.
Though the Court’s decision in Trump v. J.G.G. is a win for Trump, it is not a total victory. The Court does not express an opinion on whether the Alien Enemies Act actually permits Trump to deport anyone. It also rules that, before anyone is deported under this law, that person must be given “notice and an opportunity to challenge their removal.”SCOTUS, Explained
Get the latest developments on the US Supreme Court from senior correspondent Ian Millhiser.
But this decision is still a significant victory for Trump — and a loss for anyone Trump’s administration deems worthy of deportation. For starters, Judge James Boasberg, the district court judge, had issued a blanket order that temporarily blocked all deportations under the Alien Enemies Act. Those deportations can now resume.
The Supreme Court’s decision also rules that anyone Trump targets must bring a “habeas” proceeding, a process that ordinarily can only be used by a single individual to challenge their detention by the government.
