This story was updated on April 8th at 10:24am EDT

WASHINGTON – The U.S. Supreme Court on Monday said that the Trump administration could, for now, use the alien enemy law of 1798 to carry out the rapid deportation of Venezuelans suspected of being members of the gang, but they must give them the opportunity to challenge their expulsion in court.

5-4 decisionlifting a temporary restraining order by a federal judge in the District of Columbia, the Trump administration will allow President Donald Trump’s administration to deport Venezuelans aged 14 and older who are suspected of Tren de Aragua gang bonds.

However, immigrants subject to wartime law must have “reasonable notice” in order to challenge deportation in court “before such removal occurs.” Which court is the question?

The order argues that the U.S. District Court venue for the District of Columbia is incorrect and that the challenge originally brought by five Texas men should be made in the lonely star state. The challenges are no longer brought about by the five men and are now a class action lawsuit.

“Detainees are seeking fair relief for their implementation of the declaration and their removal under the alien enemy law,” the Supreme Court said. “They challenge the interpretation of government law and claim they don’t fall into the category of removable alien enemies. But we don’t get to those arguments.”

The president praised the decision that did not address the merits of actual social media laws.

“The Supreme Court upheld the rule of law in our country by allowing the president to secure our borders and protect our families and our nation,” Trump wrote. “Amazing Day for American Justice!”

Opposed justice

Three liberal justice challenged: Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. The fourth opponent came in part from Amy Coney Barrett, who is considered a member of the Court’s Sixth Commander, Conservative Party.

“The court’s legal conclusions are questionable,” Sotomayor wrote in dissent.

She added that the majority opinion is not wary of the harm that could come to Venezuelans who could face deportation under the alien enemy laws. Already, 238 men have been subject to the declaration and are currently in brutal MegaPrisons at El Salvador, the Terrorist Confinement Centre, or CECOT.

“If the plaintiff is accidentally removed in El Salvador, or if the government takes into account the government’s attempt to overturn the judicial process throughout this case, the plaintiff will do so without mentioning any serious harm,” she said. “I respectfully oppose it, as the court should not reward the government’s efforts to erode the rule of law with discretionary, fair remedies.”

An interim injunction hearing for the Trump administration’s use of alien enemy law was set Tuesday afternoon, but U.S. District Judge James E. Boasberg canceled the hearing in light of a High Court decision.

The hearing was set to address the use of administration’s laws. Instead, Boasberg sets a deadline for the civil rights group on April 16th, and filed a notice in the lawsuit that states “that we believe there is a basis for continuing the motion for an interim injunction in this court.”

This was the second decision from the High Court on Monday, relying on the Trump administration.

Previously, Chief John Roberts I decided temporarily It suspends a lower court order calling for the Trump administration to return to the United States.

Appeal to the High Court

After the Trump administration appealed to the Supreme Court on March 28th The Court of Appeal refused Abolish the temporary restraining order set by Boasberg.

Boasberg had extended a temporary restraining order until April 12 to prevent the deportation of Venezuelans, which was summoned by Trump in the presidential declaration on March 14.

The American Civil Liberties Union has filed a lawsuit against the Trump administration’s use of wartime law. Legal agencies have asked the Supreme Court to maintain a temporary restraining order as it is becoming increasingly clear that “many (probably most) of the men (probably most) were not actually members of Aragua” who were on the March 15 deportation flight to an El Salvador prison, and increasingly it is clear that they were “mislisted” due to tattoos.

On the same day Boasberg issued the restraining order, on March 15, three deportation flights landed in El Salvador, where 261 men were taken to MegaPrison.

Boasburg I vowed to make a decision If the Trump administration violated the restraining order by seeking flight details, but the Department of Justice blocks information by calling the so-called “state secret privilege.”

Last updated at 9:24am, April 8, 2025