The Supreme Court temporarily halted the Trump administration’s use of the Alien Enemies Act to deport members of the Tren de Aragua Venezuelan street gang early Saturday. A terse order issued on a 7-2 vote with Justices Thomas and Alito dissenting, the Court ordered the administration “not to remove any member of the putative class of detainees from the United States until further order of the Court.”
This caps off a furious day of legally maneuvering and borderline legal malpractice as the ACLU was laughed out of court in the Northern District of Texas, appealed to the Fifth Circuit and lost there, and then schlepped to the court of Resistance hero Judge Jame Boasberg in DC who heard their case despite a Supreme Court order telling him he had no jurisdiction in the matter. Boasberg eventually bowed to that order but only after a lengthy exercise in chin-pulling; see Boasberg Admits He Doesn’t ‘Have the Power’ to Stop Trump Deportation Flights in Huge Friday Night Ruling.
2/ AND even though ACLU is already seeking an injunction pending appeal in the 5th Circuit. So apparently, Judge Boasberg not only runs the Executive Branch, he runs the entire judicial branch too. pic.twitter.com/86LBUqhy6p
— Margot Cleveland (@ProfMJCleveland) April 18, 2025
The Supreme Court tapping the brakes is not necessarily a bad thing. During Friday’s hearing before Boasberg, the ACLU said it would bring court challenges to the TdA deportations in “94 districts by end of night.”
7/ Judge: For me to have any authority to act, there must be a valid claim in your current complaint. I know you’re going to amend to bring a habeas claim, on behalf of those currently held in El Salvador. Why do you think you have a stand alone claim any different than what…
— Margot Cleveland (@ProfMJCleveland) April 18, 2025
Just a week ago, the Supreme Court ruled that the AEA was a legitimate tool so long as certain procedural steps were made; see SCOTUS Hands Trump a Major Win on Use of Alien Enemies Act to Deport Some Illegals .
By pausing the process and settling venue and process questions, the Supreme Court can stop the ACLU’s egregious manipulation of the court system on behalf of a terrorist group. If they decide the AEA is not an appropriate tool, then the administration can use standard procedures to achieve the same end.
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