Supreme Court Allows Trump Admin To Deport Alleged Gang Members Under Wartime Authority

The Supreme Court permitted the Trump administration on Monday to use a wartime authority to deport alleged members of a foreign gang.

In a 5-4 ruling, the majority tossed orders by U.S. District Court Judge James Boasberg, an Obama appointee, that blocked the administration from using the Alien Enemies Act to deport members of the Tren de Aragua gang to El Salvador.

“AEA detainees must receive notice after the date of this order that they are subject to removal under the Act,” the court’s order states. “The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”

Justices Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson and Amy Coney Barrett dissented.

The Trump administration argued Boasberg exceeded his authority in issuing his March order, telling the justices that the issue “presents fundamental questions about who decides how to conduct sensitive national-security related operations in this country—the President, through Article II, or the Judiciary, through TROs.”

Attorney General Pam Bondi called the Monday decision a “landmark victory for the rule of law.”

“An activist judge in Washington, DC does not have the jurisdiction to seize control of President Trump’s authority to conduct foreign policy and keep the American people safe,” she wrote in a statement on X.

In her dissent, Sotomayor wrote that the government’s conduct throughout the case “poses an extraordinary threat to the rule of law.”

“That a majority of this Court now rewards the Government for its behavior with discretionary equitable relief is indefensible,” she wrote. “We, as a Nation and a court of law, should be better than this.”

AUTHOR

Katelynn Richardson

Contributor.

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