Trump Administration asks Supreme Court to review block on the Alien Enemies Act

The Trump administration asked the Supreme Court to examine the ruling of the US Court of Appeals for the DC Circuit, which temporarily blocked the use of the Alien Enemies Act of 1798 to deport illegal Venezuelan immigrants, including alleged members of the Tren de Aragua criminal gang.

This Friday, government lawyers delivered a presentation to the Supreme Court in which they detailed that it has to review such a blockade "to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations."

Sarah Harris, legal adviser to the Trump Administration, said, in statements picked up by AFP, that "this case raises fundamental questions about who decides how sensitive operations related to national security are carried out." For her, the law "gives a clear answer: the president."

Regarding the appeals court ruling, Harris said it "threatens the government's sensitive negotiations with foreign powers" while noting that a Supreme Court review is necessary so that "serious and perhaps irreparable harm" does not occur.

The judicial dispute

This Wednesday, in a 2-1 ruling, the three-judge panel of Karen Henderson, Patricia Millett and Justin Walker refused to stay the temporary restraining orders issued by US District Judge James Boasberg, who last week halted deportations of Venezuelan nationals, including alleged members of the Tren de Aragua gang, and ordered the return of any planes that had already taken off.

During oral arguments, Judge Millett, an appointee of former President Barack Obama, questioned the Trump Administration's implementation of the Alien Enemies Act.

"If the Trump Administration's argument is that the restraining order issued by a lower court judge last week is 'an intrusion on the president's war powers, and [that] the courts are paralyzed from doing anything,' then that's a misreading of precedent. And it's a misreading of the text of the Alien Enemies Act. The president has to abide by the Constitution and the laws just like everyone else," the judge stated.

For her part, Judge Henderson, an appointee of former President George W. Bush, supported the decision, noting, "At this early stage, the Government has not yet demonstrated a likelihood of success on the merits. Fairness favors the plaintiffs. And the district court entered the temporary restraining orders for an essentially valid purpose: to protect its remedial authority long enough to consider the parties' arguments."

The judicial conflict began last weekend, when Judge James Boasberg issued a temporary restraining order prohibiting the Trump Administration from using the Alien Enemies Act to deport Venezuelan nationals, arguing the need to further evaluate the merits of the case.

Judge Boasberg also ordered the return of any aircraft carrying migrants deported under this law.

However, hours later, planes carrying hundreds of migrants, including Venezuelans, landed in El Salvador, sparking accusations of contempt and an emergency appeal by the Trump Administration.

In its initial appeal, the Justice Department described Judge Boasberg's order as a "massive and unauthorized imposition of the Executive's authority to remove dangerous aliens who pose threats to the American people."

Meanwhile, Judge Boasberg has stepped up his investigation into whether the Trump Administration deliberately violated his order.