The Supreme Court has temporarily stopped the Trump administration from using the Alien Enemies Act to deport members of a Venezuelan street gang. The Court issued an order on a 7-2 vote, instructing the administration not to remove any detainees from the United States until further notice.
This decision came after a day of legal battles, with the ACLU facing setbacks in multiple courts. The organization was unsuccessful in the Northern District of Texas and the Fifth Circuit before bringing the case to Judge Jame Boasberg in DC. Despite a Supreme Court order denying jurisdiction in the matter, Judge Boasberg initially heard the case before ultimately complying with the order.
Additionally, the ACLU is seeking an injunction pending appeal in the Fifth Circuit, highlighting the complexities and challenges faced in the legal proceedings surrounding this issue.
— Margot Cleveland (@ProfMJCleveland) April 18, 2025
The Supreme Court tapping the brakes is not necessarily a bad thing. During Friday’s hearing before Boasberg, the ACLU said it would bring court challenges to the TdA deportations in “94 districts by end of night.”
7/ Judge: For me to have any authority to act, there must be a valid claim in your current complaint. I know you’re going to amend to bring a habeas claim, on behalf of those currently held in El Salvador. Why do you think you have a stand alone claim any different than what…
— Margot Cleveland (@ProfMJCleveland) April 18, 2025
Just a week ago, the Supreme Court ruled that the AEA was a legitimate tool so long as certain procedural steps were made; see .
By pausing the process and settling venue and process questions, the Supreme Court can stop the ACLU’s egregious manipulation of the court system on behalf of a terrorist group. If they decide the AEA is not an appropriate tool, then the administration can use standard procedures to achieve the same end.
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