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The Trump administration is urging the U.S. Supreme Court to reinstate deportations of Venezuelan migrants to El Salvador, relying on an 18th-century wartime law while legal battles continue.
The Department of Justice has formally requested the court to lift a ruling by Washington, D.C.-based U.S. District Judge James Boasberg, who on March 15 issued a temporary halt to the expedited removal of Venezuelan migrants. The injunction is in place as the court reviews the Trump administration’s use of the Alien Enemies Act—historically invoked only during wartime—to justify the deportations.
Clash Over National Security Authority
In its filing on Friday, the Justice Department framed the issue as a fundamental question of executive power in national security matters.
“The Constitution supplies a clear answer: the President,” the department wrote. “The republic cannot afford a different choice.”
President Donald Trump has invoked the Alien Enemies Act for the first time since World War II, arguing that the Tren de Aragua gang constitutes an invading force, necessitating emergency deportations under his presidential proclamation.
“Here, the district court’s orders have rebuffed the President’s judgements as to how to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations,” acting Solicitor General Sarah Harris wrote in the court filing.
Legal Challenges and Heated Courtroom Debate
The American Civil Liberties Union (ACLU) swiftly filed a lawsuit on behalf of five Venezuelan migrants detained in Texas, just hours after Trump’s proclamation was made public. The Supreme Court has set a Tuesday deadline for a response from the ACLU.
The case has become a flashpoint in the broader battle between the White House and the judiciary. Trump’s administration argues that Boasberg’s temporary ban improperly restricts the president’s authority to make national security decisions.
On March 18, Trump called for Boasberg’s impeachment, branding him a “Radical Left Lunatic” and a “troublemaker and agitator” on social media. This led to a rare rebuke from U.S. Chief Justice John Roberts. Boasberg, who was confirmed in a bipartisan 96-0 Senate vote in 2011, remains at the center of the controversy.
During a heated appeals hearing, Judge Patricia Millett criticized the Justice Department’s stance, stating, “Nazis got better treatment under the Alien Enemies Act than has happened here.” Justice Department lawyer Drew Ensign strongly disagreed, responding, “We certainly dispute the Nazi analogy.”
Human Impact and Due Process Concerns
Many deported Venezuelan migrants and their families refute claims of gang affiliations. One such case involves a Venezuelan professional football player and youth coach, whom U.S. officials allegedly misidentified as a gang member because of a crown tattoo meant to honor his favorite team, Real Madrid.
The Alien Enemies Act permits deportations without allowing individuals to contest their classification in court. However, Boasberg ruled that immigrants must have the opportunity to challenge their alleged gang designations.
“There is a strong public interest in preventing the mistaken deportation of people based on categories they have no right to challenge,” Boasberg stated in his ruling.
As legal proceedings continue, the Supreme Court’s response will determine whether the administration can move forward with deportations under this controversial law.
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