President Donald Trump has urged the Supreme Court to review an order that blocks the use of the Alien Enemies Act to deport Venezuelan gang members.
“This case raises paramount questions about the President’s constitutional and statutory authority to protect the Nation against elements of a designated foreign terrorist organization that the President has determined has been ‘conducting irregular warfare and undertaking hostile actions against the United States,’ as well as the extent of judicial review of decisions to remove those individuals,” Acting Solicitor General Sarah Harris wrote.
“At a minimum, the Acting Solicitor General respectfully requests that this Court grant an administrative stay while it considers the government’s submission. The district court’s flawed orders threaten the government’s sensitive negotiations with foreign powers,” Harris added. “And as long as the orders remain in force, the United States is unable to rely on the Proclamation to remove dangerous affiliates with a foreign terrorist organization—even if the United States receives indications that particular TdA members are about to take destabilizing or infiltrating actions.”
The call for the Supreme Court to take action on the matter follows the U.S. Court of Appeals for the D.C. Circuit ruled 2-1 to uphold a decision that blocked the Trump administration’s use of the wartime law to remove the gang members.
On March 15, U.S. District Judge James E. Boasberg issued an order to halt the deportations as two planes carrying the migrants were already en route to El Salvador and Honduras.
The Trump administration has since moved to invoke the “state secrets privilege” in the case.
