The Donald Trump administration urged the US Supreme Court on Saturday to lift its emergency order that blocked deportations under the Alien Enemies Act
The order came following an urgent appeal by the American Civil Liberties Union (ACLU).
The Hill, a US daily, reported that in a court filing, Solicitor General D. John Sauer asked the justices to dissolve the stay and let lower courts resolve the issue, accusing ACLU lawyers of “improperly skipping over the lower courts” and calling their petition “fatally premature.”
Sauer also claimed the government provided migrants “adequate time to file” legal challenges and had agreed not to deport anyone with pending claims.
In its emergency request filed with the Supreme Court, the ACLU said that detained Venezuelan migrants could face life sentences in a Salvadoran mega-prison without judicial review.
The Supreme Court directed the government “not to remove any member of the putative class of detainees” until further notice.
Justices Clarence Thomas and Samuel Alito dissented.
The case centers on migrants detained in the Northern District of Texas, the only region covered by the current order. Separate federal courts have also temporarily blocked deportations in the Southern District of New York, District of Colorado, and Southern District of Texas.
The 1798 Alien Enemies Act, previously used only during wartime, was invoked by the Trump administration last month to deport over 100 migrants. Officials argue it is applicable due to what they call an ongoing “invasion” by the Venezuelan gang Tren de Aragua.
The ACLU said Friday that another wave of deportations was already underway, with migrants being bused to airports, prompting their emergency legal filings in multiple courts.