The Supreme Court issued an emergency order halting the Trump administration's deportation of dozens of detainees in Texas. The unsigned order, issued around 1 a.m., instructed the administration not to remove any detainees until further action from the Court. Justices Thomas and Alito dissented.
Experts noted the Court's aggressive intervention, although the order doesn't address the legality of using the Alien Enemies Act for deportations. Professor Steve Vladeck suggested the Court's action reflects impatience with the administration's procedural tactics. While an earlier Supreme Court decision allowed the use of the Alien Enemies Act, it also mandated detainees be given an opportunity to challenge their detention.
Following frenzied litigation, the 5th Circuit Court of Appeals denied the ACLU's emergency request to block deportations. The Supreme Court's order stated it would take further action after the 5th Circuit ruled, asking the solicitor general to respond to the ACLU's claims.
The Trump administration, in a filing, urged the Supreme Court to reject the ACLU's request, arguing that lower courts should resolve the matter first. The administration claimed sufficient notice and time had been given to those targeted for removal. Despite the Supreme Court's order, the White House maintained its defense of the administration's actions, citing its fulfillment of campaign promises.
Constitutional law scholar Aziz Huq cautioned against overinterpreting the Supreme Court's order, highlighting that the underlying legal questions remain unresolved. He pointed out the administration's past failures to correct deportation errors, which could influence judicial decisions. The case involves the controversial use of the Alien Enemies Act, a rarely invoked wartime statute. Furthermore, the article touches upon ongoing issues at the southern border, including deadlines for reports on border conditions and the potential use of the Insurrection Act.