Deportations allowed under 1798 law, Supreme Court says

The United States’ highest court on Monday ruled 5-4 that the Trump administration could use the 18th century Alien Enemies Act to deport alleged Tren de Aragua gang members. But the government must notify detainees of deportation plans and give them reasonable time for a court hearing, the majority opinion said. Hearings must take place in the Texas district where the individuals are confined, not in a Washington courtroom.

The majority opinion did not demand hearings for illegal immigrants already deported to El Salvador under the law.

The decision overturns a federal district judge’s March 15 temporary restraining orders, which blocked the Trump administration from using the Alien Enemies Act for deportations. The U.S. Court of Appeals for D.C. previously refused to block the restraining orders.

Which justices disagreed with the ruling? The Supreme Court was sharply divided over the decision, with Justice Sotomayor dissenting and Justices Jackson and Kagan joining her. Sotomayor said it would be harder for detainees to bring legal challenges individually in the district where they’re being held. Justice Barrett also joined some sections of Sotomayor’s lengthy dissenting opinion. Jackson also dissented separately as well as joining Sotomayor.

How did the Trump administration react to the decision? The president celebrated on social media, writing that the decision allowed him to secure borders and protect American families. U.S. Attorney General Pam Bondi said deportation flights would resume and that government agencies would scour the country for the last remnants of Tren de Aragua. The Trump administration in January designated the gang a foreign terrorist organization along with MS-13 and cartels.

Dig deeper: Read my report on the latest update in the case of a wrongfully deported man.