Supreme Court allows Venezuelan deportations with hearings
Share and Follow


In a bitterly divided decision, the court said the administration must give Venezuelans who it claims are gang members “reasonable time” to go to court.

WASHINGTON — The Supreme Court on Monday allowed the Trump administration to use an 18th century wartime law to deport Venezuelan migrants, but said they must get a court hearing before they are taken from the United States.

In a bitterly divided decision, the court said the administration must give Venezuelans who it claims are gang members “reasonable time” to go to court.

But the conservative majority said the legal challenges must take place in Texas, instead of a Washington courtroom.

The court’s action appears to bar the administration from immediately resuming the flights that last month carried hundreds of migrants to a notorious prison in El Salvador. The flights came soon after President Donald Trump invoked the Alien Enemies Act for the first time since World War II to justify the deportations under a presidential proclamation calling the Tren de Aragua gang an invading force.

The majority said nothing about those flights, which took off without providing the hearing the justices now say is necessary.

In dissent, the three liberal justices said the administration has sought to avoid judicial review in this case and the court “now rewards the government for its behavior.” Justice Amy Coney Barrett joined portions of the dissent.

Justice Sonia Sotomayor said it would be harder for people to challenge deportations individually, wherever they are being held, and noted that the administration has also said in another case before the court that it’s unable to return people who have been deported to the El Salvador prison by mistake.

“We, as a Nation and a court of law, should be better than this,” she wrote.

The justices acted on the administration’s emergency appeal after the federal appeals court in Washington left in place an order temporarily prohibiting deportations of the migrants accused of being gang members under the rarely used Alien Enemies Act.

“For all the rhetoric of the dissents,” the court wrote in an unsigned opinion, the high court order confirms “that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal.”

The case has become a flashpoint amid escalating tension between the White House and the federal courts. It’s the second time in less than a week that a majority of conservative justices has handed Trump at least a partial victory in an emergency appeal after lower courts had blocked parts of his agenda.

Several other cases are pending, including over Trump’s plan to deny citizenship to U.S.-born children of parents who are in the country illegally.

Trump praised the court for its action Monday.

“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!” Trump wrote on his Truth Social site.

The original order blocking the deportations to El Salvador was issued by U.S. District Judge James E. Boasberg, the chief judge at the federal courthouse in Washington.

Attorneys from the American Civil Liberties Union filed the lawsuit on behalf of five Venezuelan noncitizens who were being held in Texas, hours after the proclamation was made public and as immigration authorities were shepherding hundreds of migrants to waiting airplanes.

Boasberg imposed a temporary halt on deportations and also ordered planeloads of Venezuelan immigrants to return to the U.S. That did not happen. The judge held a hearing last week over whether the government defied his order to turn the planes around. The administration has invoked a “ state secrets privilege ” and refused to give Boasberg any additional information about the deportations.

Trump and his allies have called for impeaching Boasberg. In a rare statement, Chief Justice John Roberts said “impeachment is not an appropriate response to disagreement concerning a judicial decision.”

Associated Press writer Lindsay Whitehurst contributed to this report.

Share and Follow
You May Also Like
Flash flooding in central North Carolina forces residents to flee homes

Flash flooding in central North Carolina forces residents to flee homes

NEWYou can now listen to Fox News articles! Heavy rains in central…
Las Vegas sees millionaire residents triple in just four years

The number of millionaires living in Las Vegas has tripled in only four years

Millionaires have been flocking to Las Vegas at unprecedented rates and buying…
Alex Cooper booed by Cubs fans after seventh-inning stretch performance

Cubs fans boo Alex Cooper during seventh-inning show

At least the Cubs were up 11-0 against the Cardinals when Alex…
Gunman killed after ambushing Border Patrol agents outside McAllen, Texas office

Attacker shot and killed by Border Patrol agents outside McAllen, Texas office

A shooter armed with a rifle and tactical gear ambushed border agents…
The amount set to be inherited by Diogo Jota's wife and children

What is expected to be passed down to Diogo Jota’s wife and kids

Tragic footballer Diogo Jota’s widow could stand to inherit up to £35million…
Quick-moving Texas river flood caught on camera in timelapse video

Quick-moving Texas river flood caught on camera in timelapse video

NEWYou can now listen to Fox News articles! The short time it…
Parents' desperate chase foils Brooklyn kidnapper's sinister plot

Parents’ desperate chase foils Brooklyn kidnapper’s sinister plot

NEWYou can now listen to Fox News articles! A would-be kidnapper who…
Russian minister found dead hours after Putin fired him

Russian minister found dead hours after Putin fired him

NEWYou can now listen to Fox News articles! Russia’s transport minister, who…