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Johnstown Ruling Supports Use of Historic Deportation Law, But Supreme Court Slows Efforts

3 weeks ago
3 Min Read

Despite the Trump Administration’s efforts to fast-track deportations of gang-affiliates, the Supreme Court rules migrants need more time to appeal.

In a Friday ruling, the Supreme Court voted to block the Trump administration’s attempts to use the Alien Enemies Act (AEA) for the deportation of Venezuelan migrants associated with the notorious gang Tren de Aragua (TDA).

The Court’s ruling did not definitively determine the lawfulness of the Trump administration’s use of the AEA, which was originally enacted in 1798 to deport foreign actors that pose a threat to the United States. 

The justices ruled instead that a group of Venezuelan migrants had not been given enough time to file legal challenges to their deportation and sent the question of the AEA’s lawfulness back to the 5th U.S. Circuit Court of Appeals in New Orleans.

President Trump, in a social media post on Truth Social, condemned the ruling and proclaimed it a “bad and dangerous day for America!”

“The Supreme Court has just ruled that the worst murderers, drug dealers, gang members, and even those who are mentally insane, who came into our Country illegally, are not allowed to be forced out without going through a long, protracted, and expensive Legal Process, one that will take, possibly, many years for each person, and one that will allow these people to commit many crimes before they even see the inside of a Courthouse,” Trump wrote in a social media post on Truth Social.

The Supreme Court’s ruling comes days after a Pa. federal judge became the first to permit the AEA to be applied to deporting Venezuelans associated with TDA, though Judge Stephanie Haines specified the migrants must be given 21 days’ notice and an opportunity to appeal.

In her written opinion, Haines explained her thought process that a violent gang such as TDA, which has been declared a foreign terrorist organization, is equivalent to the criminals the AEA was originally drafted to target.

“That fact has been weighing heavily on the court in considering the significant questions before it,” Haines wrote. “Is such an (Foreign Terrorist Organization) not the modern equivalent of the ‘enemies, pirates and robbers’ committing ‘incursions’ around the enactment of the (Alien Enemies Act?)”

The Trump administration, amid its general prioritization of reversing the widespread border crossings permitted under President Joe Biden, has placed a special emphasis on tracking down migrants with alleged gang affiliation and fast-tracking their deportations.

“TDA is one of the most violent and ruthless terrorist gangs on planet earth.” said Karoline Leavitt, White House press secretary, in a March statement. “They rape, maim and murder for sport. TDA is responsible for some of the most heinous crimes that have occurred on US soil in recent years, including the murders of Laken Riley and Jocelyn Nungaray.”

“President Trump will always put the safety of the American People first — and he will never allow foreign terrorist enemies to operate on American soil and endanger our people,” Leavitt concluded. “They will be found, restrained and removed — and their networks will be destroyed.”