The Supreme Court Allows Trump Administration to Deport Venezuelan Migrants with Court Hearing
By MARK SHERMAN
WASHINGTON (AP) — In a landmark decision on Monday, the Supreme Court ruled in favor of the Trump administration’s use of an 18th-century wartime law to deport Venezuelan migrants. However, the court specified that these migrants must receive a court hearing before being removed from the United States.
The ruling, which was met with sharp division among the justices, mandates that the administration must provide Venezuelan migrants accused of being gang members with a “reasonable time” to appear in court. Nonetheless, the conservative majority stipulated that these legal challenges must take place in Texas, rather than a Washington courtroom.
In a dissenting opinion, the three liberal justices criticized the administration for seeking to evade judicial review in this case, with Justice Amy Coney Barrett joining some portions of the dissent. The federal appeals court in Washington had previously issued an order temporarily halting the deportations of migrants accused of gang membership under the seldom-used Alien Enemies Act.
The Supreme Court’s unsigned opinion emphasized that the detainees subject to removal orders under the Alien Enemies Act are entitled to notice and an opportunity to challenge their removal, despite the dissenting justices’ criticisms.
The case has emerged as a contentious issue amid escalating tensions between the White House and the federal courts. Attorney General Pam Bondi hailed the court’s ruling as a triumph for the rule of law, asserting that a judge in Washington, DC does not have the jurisdiction to impede President Trump’s authority to conduct foreign policy and protect the American people.
The deportation order was initially issued by U.S. District Judge James E. Boasberg, the chief judge at the federal courthouse in Washington. President Trump invoked the Alien Enemies Act for the first time since World War II to justify the deportation of hundreds of individuals under a presidential proclamation designating the Tren de Aragua gang as an invading force.
The American Civil Liberties Union filed a lawsuit on behalf of five Venezuelan noncitizens detained in Texas, challenging the deportation order. Despite Boasberg’s temporary halt on deportations and his directive for Venezuelan immigrants to return to the U.S., the administration has not complied. The judge recently held a hearing to address the government’s alleged defiance of his order, although the administration invoked a “state secrets privilege” and declined to provide additional information.
Calls for impeaching Boasberg have been made by Trump and his supporters, prompting Chief Justice John Roberts to issue a rare statement emphasizing that impeachment is not an appropriate response to disagreements over judicial decisions.
The Supreme Court’s decision marks a significant development in the ongoing debate over immigration policies and the boundaries of executive authority.
Associated Press writer Lindsay Whitehurst contributed to this report.
Originally Published: April 7, 2025 at 5:43 PM MDT
