Former President Donald Trump is currently seeking the intervention of the Supreme Court to reinstate his wartime powers, specifically to deport individuals alleged to be members of criminal gangs. This appeal comes in the wake of an emergency filing made by the Justice Department on Friday, which argues that a lower court judge has overstepped constitutional boundaries by blocking Trump's use of the historic Alien Enemies Act. This act has been in existence for over two centuries and is crucial for the swift deportation of Venezuelans that the Trump administration claims are affiliated with the gang known as Tren de Aragua.
The Justice Department's appeal raises significant questions regarding the President’s constitutional and statutory authority to safeguard national security. Acting Solicitor General Sarah Harris emphasized that the case underscores the President's responsibility to protect the nation from elements perceived as a foreign terrorist organization that has been described as conducting "irregular warfare" and executing hostile actions against the United States.
Nearly two weeks prior to this appeal, the Trump administration successfully deported over 200 alleged members of Tren de Aragua from the U.S. to El Salvador. These individuals were sent to a notorious anti-terrorism prison recognized for its harsh conditions. However, U.S. District Judge James Boasberg intervened by temporarily halting further deportations under the Alien Enemies Act amid ongoing litigation, citing concerns about due process. Some deportees alleged wrongful identification as gang members, prompting the judge to act.
Judge Boasberg clarified that his ruling did not prevent arrests, detentions, or prosecutions, but strictly addressed the issue of deportations. He also vowed to investigate whether U.S. officials had intentionally disregarded his orders regarding the deportation flights. In response to the ruling, Trump has called for the impeachment of Judge Boasberg, which led to an unusual cautionary statement from Chief Justice John Roberts, warning against impeaching judges merely for their decisions.
This week, a divided panel from the D.C. Circuit Court of Appeals upheld Boasberg's order, prompting Trump's emergency appeal to the Supreme Court. The panel's opinions varied, with one judge expressing concerns about due process, another suggesting Trump may have misapplied the 1798 law by portraying the actions of Tren de Aragua as an "invasion," and a third judge siding with the administration’s stance, stating that deportees should have filed their claims in Texas rather than Washington.
In her appeal, Harris countered the concerns raised by Judge Patricia Millett—an appointee of President Barack Obama—regarding the treatment of U.S. deportees in El Salvador's prisons, which have been notorious for human rights abuses. Harris stated that the administration could not disclose whether El Salvador had made assurances about the humane treatment of deportees, citing that revealing such information could jeopardize sensitive diplomatic negotiations and potentially undermine the United States' trust with foreign partners.
