The U.S. Supreme Court has granted the Trump administration's request to lift a temporary restraining order (TRO) related to President Trump's use of the Alien Enemies Act (AEA). The decision, however, emphasizes that individuals targeted for removal under this act are entitled to challenge their deportation.
The case, litigated by the American Civil Liberties Union (ACLU), Democracy Forward, and the ACLU of the District of Columbia, had previously halted the administration's use of the 1798 wartime act as a means to bypass existing immigration laws. On March 26, a federal appeals court denied the administration's request to lift the TRO initially issued by a federal district court. The government subsequently appealed to the Supreme Court.
In its ruling, the Supreme Court agreed to dissolve the TRO but clarified that "the only question" was which lower court could hear such challenges. The case was filed in Washington D.C., not "the district of confinement," leading to venue-related grounds for dissolving the TRO.
The court stressed that "detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal." This includes judicial review concerning questions about interpreting and constitutionality of the act.
Justice Sotomayor wrote a dissent joined by Justices Kagan, Jackson, and partially Barrett. Justice Jackson also penned a separate dissent.
In opposition to lifting the stay, an April 1 brief from ACLU and Democracy Forward highlighted concerns over individuals erroneously identified as gang members due to tattoos. They argued that maintaining the TRO is crucial in preventing wrongful deportations.
Lee Gelernt from ACLU said: "The critical point of this ruling is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act. That is an important victory."
Skye Perryman from Democracy Forward commented: "Today’s ruling affirms what we have long known: the Trump administration acted unlawfully when it removed people from this nation with no process."
Scott Michelman from ACLU of D.C. added: "No president is above the law. Trump’s attempt to twist a centuries-old wartime law...threatens core civil liberties... The ACLU will keep fighting for due process protections for all."
The full order can be accessed [here](https://www.aclu.org/cases/j-g-g-v-trump?document=Supreme-Court-Order).
Information from this article can be found here.
