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The Supreme Court of the United States has issued a temporary stay on the deportation of Venezuelans detained in northern Texas under a historical wartime statute dating back to the late 18th century. This directive came over the weekend as a result of an urgent appeal from the American Civil Liberties Union (ACLU), highlighting that immigration officials appeared poised to revive deportations under the Alien Enemies Act (AEA) of 1798.
In a concise order, the court instructed the Trump administration to refrain from deporting Venezuelans currently held at the Bluebonnet Detention Center “until further order from this court.” Dissenting opinions were expressed by Justices Clarence Thomas and Samuel Alito.
The Supreme Court’s decision follows a recent assertion made in April, indicating that deportations could proceed solely if individuals facing removal were granted an opportunity to contest their cases in court and were allotted a “reasonable time” to do so. ACLU attorney Lee Gelernt emphasized the urgency of the situation, stating, “These individuals were at risk of being sent to a dangerous foreign prison without an opportunity for judicial recourse,” adding that he was relieved by the high court’s intervention, which prevented a rapid execution of deportations similar to those that occurred the previous month.
In the days leading up to the Supreme Court’s ruling, two federal judges declined to intervene while attorneys for the detainees initiated an aggressive legal strategy to halt the deportations. The 5th U.S. Circuit Court of Appeals, with jurisdiction over Texas, also refused to protect the detainees from immediate removal.
The ACLU had previously taken legal action against the deportation of two Venezuelans at the Bluebonnet facility and sought to extend a halt on mentions of any removals of immigrants in the vicinity under the AEA. The emergency filing revealed that some detainees received warnings from immigration authorities accusing them of affiliations with Tren de Aragua, a Venezuelan gang that has been a key focus of the current administration’s crackdown on illegal immigration.
On March 15, a significant number of detainees were deported to El Salvador’s infamous Center for the Confinement of Terrorism (CECOT), a facility known for its dire conditions. The ACLU urgently requested intervention from U.S. District Court Judge James Wesley Hendrix, expressing that the risk of irreparable harm to the men was evident, particularly given the brutal reputation of the Salvadoran prison.
President Trump had invoked the Alien Enemies Act in March, directing authorities to detain and deport Venezuelan migrants believed to have connections with the Tren de Aragua, citing national security concerns regarding an “invasion” of the United States.
This act has only been invoked a handful of times in American history, with its last notable usage occurring during World War II against Japanese-American individuals. The Trump administration has argued that the AEA grants them the authority to expedite the removal of identified gang members regardless of their immigration status.
Following a unanimous decision from the Supreme Court on April 9, federal judges across Colorado, New York, and southern Texas quickly enacted measures to prevent deportations under the AEA until a legal framework allowing detainees to assert their claims in court was established. However, no similar orders were issued for the area encompassing Bluebonnet, which is located in the northern reaches of Texas.
Judge Hendrix declined to halt the removals for the two Venezuelans involved in the ACLU lawsuit after Immigration and Customs Enforcement (ICE) representatives provided sworn statements affirming there would be no immediate deportations. Hesitating to issue a more sweeping moratorium, he reasoned that removals had yet to commence.
The ACLU’s emergency filing also included affidavits from three immigration attorneys who asserted that their clients were given documentation indicating potential removal from the facility under the AEA. One attorney noted that her client had refused to sign an English-language document that he could not comprehend.
During proceedings on Friday before District Judge James E. Boasberg in Washington, D.C., Gelernt stated that while the administration initially relocated Venezuelan detainees to facilities in South Texas for deportation, recent legal restrictions had led them to channel these individuals to the Bluebonnet location, where no such prohibitions existed. Reports indicated that the detainees were being prepared for transport to an airport.
As Judge Hendrix did not fulfill the ACLU’s emergency request, the organization turned to Judge Boasberg, who had previously halted deportations in March. However, due to jurisdictional limitations dictated by the Supreme Court’s rulings on such matters, Boasberg felt unable to take action.
Demonstrating concern, Judge Boasberg acknowledged that there appeared to be probable cause suggesting the Trump administration violated his previous orders regarding deportation procedures in place. He expressed apprehension about the adequacy of the notifications provided to detainees concerning their rights to contest deportation.
In contrast, Justice Department attorney Drew Ensign asserted that individuals facing deportation would have a minimum of 24 hours to challenge their status in court. He confirmed the absence of any scheduled flights for that night but indicated the Department of Homeland Security retained the prerogative to proceed with removals if necessary.
Regarding the ongoing litigation, ICE opted to refrain from commenting. On the same day, a Massachusetts judge solidified his previous temporary injunction, which bars the deportation of individuals who have exhausted appeals to other countries unless they are made aware of their destination and granted the ability to contest deportation on the grounds of potential torture or death.
Numerous Venezuelans facing the impacts of the Alien Enemies Act have reportedly been relocated to El Salvador, where they are held in facilities notorious for harsh treatment.
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