Topline
The Trump administration asked the Supreme Court Friday to allow it to resume deportations of Venezuelans without court hearings—a move President Donald Trump attempted by executive order before it was blocked by a lower court judge—in a case which could test Trump’s claims of executive power.
US President Donald Trump gestures as he speaks during an Iftar dinner in the State Dining Room of … More the White House in Washington, DC, on March 27, 2025 (Photo by Mandel NGAN / AFP) (Photo by MANDEL NGAN/AFP via Getty Images)
Key Facts
The administration asked the highest court to overturn district court Judge James Boasberg’s previous ruling that the Trump administration had to stop deporting Venezuelans under the Alien Enemies Act, saying the move was violating their due process rights.
After Boasberg’s initial ruling, the Trump administration still sent planes of migrants to El Salvador, leading Boasberg to suggest they violated his order, which required flights to stop and any that were in progress to be turned around.
The appeal to the highest court comes just days after a U.S. appeals court upheld Boasberg’s ruling and disagreed with Trump’s lawyers who argued the ban on deportations limited his executive authority.
The Supreme Court set a Tuesday deadline for the American Civil Liberties Union, which first filed the lawsuit against the Trump administration on behalf of Venezuelan migrants, to respond, multiple outlets reported.
Trump’s team has been deporting Venezuelan nationals the administration claims have a connection to the criminal organization Tren de Aragua, though some immigration attorneys have alleged not all people deported were members of the gang.
Lawyers for Trump argued in court Friday that this issue is too urgent to wait for the case to make its way through lower court rulings, The New York Times reported.
This story is developing and will be updated.
Get Forbes Breaking News Text Alerts: We’re launching text message alerts so you’ll always know the biggest stories shaping the day’s headlines. Text “Alerts” to (201) 335-0739 or sign up here.
What Is The Government Arguing?
In its filing Friday, acting Solicitor General Sarah Harris said, “the district court’s orders have rebuffed the President’s judgments as to how to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations,” according to the Associated Press.
What Is The Alien Enemies Act?
The Alien Enemies Act of 1798 is a wartime measure that gives the president authorization to “issue regulations directing the conduct of otherwise restraining citizens of nationals of the hostile nation or government.” But, to invoke it, there must be a declared war or an “invasion or predatory incursion [that] is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government,” according to a summary by the Congressional Research Service. It was passed as part of the Alien and Sedition Acts—a series of laws passed amid tensions with the French Republic—and is the only remaining law in place of the three. The Alien Enemy Act was first invoked during the War of 1812, then again in both World Wars. It was most notably invoked at the start of World War II, when President Franklin D. Roosevelt used the law against people from Japan, Germany and Italy, according to the CRS.
Key Background
Boasberg initially blocked Trump’s use of the Alien Enemy Act on March 15. He ordered the administration to stop efforts to remove migrants and return planes that were already on their way to El Salvador, where the migrants were being held, until a court could determine if use of the act was legal. At least two planes of migrants went to El Salvador and landed after Boasberg’s ruling was issued though, leading Boasberg to schedule a hearing the following Monday at which the Trump administration had to answer whether it defied his order. Boasberg suggested in the hearing the order was violated, though the administration denied wrongdoing and said Boasberg lost jurisdiction over the flights when they left U.S. airspace. Trump and his allies have begun attacking Boasberg directly for his judgments in this case, with the president calling for him to be impeached, disbarred and calling him a “Radical Left Lunatic of a Judge, a troublemaker and agitator” on social media.
Further Reading
Appeals Court Strikes Down Trump Request To Fire Workers: Here’s Where Trump And Musk Are Winning—And Losing—In Court (Forbes)
Did Trump Administration Ignore A Court Order? Judge Demands Trump Officials Explain (Forbes)
Judge Boasberg Rejects Trump Request For Deportation Flights Under Alien Enemies Act—Again (Forbes)
Trump Deportation Fight Reaches Supreme Court – The New York Times (New York Times)