In a divided decision, the U.S. Supreme Court says it will allow the U.S. government to deport certain migrants. Attorneys for the government called into use a 1798 wartime law for recent expulsions. But now there’s a caveat: Deportees must get a court hearing before leaving the United States.
On Monday, the Supreme Court lifted an order blocking President Donald Trump’s administration from deporting Venezuelan migrants under the Alien Enemies Act (AEA). AEA is a rarely used 18th-century wartime law.
The President praised the court for its decision. “The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself,” President Trump wrote on social media. He added, “A GREAT DAY FOR JUSTICE IN AMERICA!”
The administration accuses the migrants in question of being members of the Tren de Aragua gang. The violent gang deals mostly in kidnapping and human smuggling.
President Trump issued a proclamation calling Tren de Aragua “an invading force.” That made gang members eligible to be deported under AEA.
But analysts say not everyone arrested is a gang member. At least one man was mistakenly deported to El Salvador.
In a close 5-4 decision, the court ruled that the migrants must be allowed to challenge their expulsions. Those challenges must happen before they are taken out of the country. Accused migrants must also be given “reasonable time” to go to court.
The court’s action appears to bar the government from immediately resuming last month’s deportation flights. Those flights carried hundreds of migrants to a infamous prison in El Salvador shortly after President Trump invoked the Alien Enemies Act. It was the first time since World War II an administration used AEA to justify such deportations.
After last month’s flights, a court in Washington ordered a temporary ban on the deportations. The Trump administration asked the Supreme Court to allow them to continue.
The high court’s decision confirms “that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal.”
The migrants—gang members or not—will get their day in a U.S. court.
Pray for wisdom for U.S. leaders. Ask God to guide them as they seek to protect citizens, hold criminals accountable, and uphold the law.
Every charge must be established by the evidence of two or three witnesses. — 2 Corinthians 13:1
