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A legal showdown brews as the Trump administration pushes to deport Venezuelan migrants under a controversial 18th-century law
Published : 19 Apr 2025, 09:43 AM
Lawyers for Venezuelan men detained in Texas asked the US Supreme Court on Friday to block what the lawyers said were the men's imminent deportation by the Trump administration without the judicial review previously mandated by the justices.
The case raises questions about President Donald Trump's administration's adherence to limits set by the Supreme Court. It carries the risk of a significant clash between the two coequal branches of government and possibly even a full-blown constitutional crisis.
The latest escalation is centred on dozens of Venezuelans held at the Bluebonnet Detention Facility in Anson, Texas. In a court filing, lawyers for the American Civil Liberties Union said some had already been loaded onto a bus and were told they were to be deported.
Shortly after the filing, a government lawyer said he was unaware of plans by the Department of Homeland Security to deport the men on Friday, but there could be deportations on Saturday.
"I've spoken with DHS. They are not aware of any current plans for flights tomorrow but I have also been told to say they reserve the right to remove people tomorrow," Justice Department attorney Drew Ensign told a district court in a separate but related case.
Elected last year on a promise to crack down on migrants, Trump invoked the 1798 Alien Enemies Act in an attempt to swiftly deport accused members of Tren de Aragua, a criminal gang originating from Venezuelan prisons that his administration labels a terrorist group.
The president and his senior aides have asserted their executive power grants them wide authority on immigration matters, testing the balance of power between branches of government.
Trump scored one victory on Friday when an appeals court put on hold a threat by District Judge James Boasberg of contempt charges.
Boasberg also denied an ACLU request to block Trump from deporting suspected members of Tren de Aragua, citing an Apr 7 Supreme Court ruling that allowed Trump to use the Alien Enemies Act, albeit with certain limits.
Boasberg said he was concerned the government would deport additional people as soon as Saturday but that, "At this point I just don't think I have the power to do anything about it."
Trump previously called for Boasberg's impeachment following an adverse ruling, prompting a rare rebuke from US Chief Justice John Roberts.
While one hearing played out in Boasberg's court, the ACLU worked on a separate track to halt the deportations of Venezuelans held in Texas.
ACLU lawyers filed with the Supreme Court after failing to get a rapid response from earlier filings on Friday before US District Judge James Hendrix in Abilene, Texas, and the Fifth US Circuit Court of Appeals in New Orleans to block any such deportations.
The ACLU said the men had been handed forms indicating they were classified as members of Tren de Aragua.
At issue is whether the Trump administration has fulfilled the Supreme Court's standard for providing the detainees due process before sending them to another country – possibly to the notorious prison in El Salvador where others are jailed.
It was unclear on Friday how many people were potentially to be deported, and where they might be taken.
Their deportation would be the first since the Supreme Court's 5–4 ruling that allowed removals under the 1798 Act while specifying that "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."
Habeas corpus relief refers to the right of detainees to challenge the legality of their detention. It is considered a bedrock right under US law.
The Supreme Court did not indicate how much notice should be provided. Lawyers around the country have asked that the migrants be given 30 days' notice to allow them to contest their deportations. The Trump administration has not said publicly how much notice it intends to give the migrants.
The ACLU filed a photo of one of the notices with the court.
"You have been determined to be an Alien Enemy subject to apprehension, restraint, and removal," read the notice. The recipient's name was obscured, and it was noted that the migrant refused to sign it on Apr 18.
Asked about the planned deportations on Friday, Trump said he was unfamiliar with the particular case but added: "If they're bad people, I would certainly authorise it."
"That's why I was elected. A judge wasn't elected," he told reporters at the White House.
Defence lawyers and Democrats in Congress have pressed the administration to demonstrate how it knows the Venezuelans are members of the gang, which is active in human trafficking and other crimes in South America but has a smaller US presence.
"We are not going to reveal the details of counter-terrorism operations, but we are complying with the Supreme Court's ruling," Assistant Secretary for US Homeland Security Tricia McLaughlin said in a statement on Friday.
On Mar 15, the Trump administration deported more than 130 alleged Tren de Aragua members to El Salvador. Many of the migrants' lawyers and family members say they were not gang members and had no chance to dispute the government's assertion that they were.
