US President Donald Trump on Friday lashed out at the US Supreme Court after it blocked his bid to resume deportations of alleged Venezuelan gang members, saying the justices are “not allowing me to do what I was elected to do.”
Trump’s berating of the high court, in a post on Truth Social, came after it dealt another setback to his attempt to swiftly expel alleged Tren de Aragua (TdA) gang members using an obscure wartime law, the 1798 Alien Enemies Act (AEA).
Trump has been at loggerheads with the judiciary ever since he returned to the White House, venting his fury at numerous court rulings at various levels that have frozen his executive orders on multiple issues.
Photo: AFP
In a 7-2 decision, the conservative-majority Supreme Court, which includes three justices nominated by Trump, blocked his bid to use the AEA to carry out further deportations of TdA members, saying they were not being given enough time to legally contest their removal.
Trump, who campaigned for the White House on a pledge to deport millions of undocumented migrants, said the Supreme Court decision means the government would have to go through a “long, protracted, and expensive Legal Process” to expel “murderers, drug dealers [and] gang members.”
“The Supreme Court of the United States is not allowing me to do what I was elected to do,” he said. “This is a bad and dangerous day for America!”
Trump invoked the AEA, which was last used to round up Japanese-Americans during World War II, in March to deport a first group of alleged TdA members to a notorious prison in El Salvador without due process.
Attorneys for several of the deported Venezuelans have said their clients were not gang members, had committed no crimes and were targeted largely based on their tattoos.
The Supreme Court intervened on April 19 to temporarily block further deportations of undocumented Venezuelan migrants, saying they must be afforded due process.
In Friday’s unsigned order, the court paused plans to deport another group of detainees held in Texas, saying they were not being given enough time to mount a meaningful legal challenge to their expulsion.
“Notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster,” the justices said.
Conservative justices Clarence Thomas and Samuel Alito dissented. Trump thanked them in his Truth Social post for “attempting to protect our Country.”
The justices also said that a Salvadoran man had been deported to El Salvador “in error” along with the alleged TdA members in March and the Trump administration has claimed “it is unable to provide for [his] return.”
The justices said they were not deciding whether Trump could legally use the AEA to deport undocumented migrants, and they ordered a lower court to “expeditiously” examine the question.
“To be clear, we decide today only that the detainees are entitled to more notice than was given,” they said.
“We did not on April 19 — and do not now — address the underlying merits of the parties’ claims regarding the legality of removals under the AEA,” they said.
“We recognize the significance of the Government’s national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution,” they said.
Three federal district court judges have ruled that Trump’s use of the AEA to carry out deportations was unconstitutional while one, a Trump appointee, said it was permissible.
In invoking the AEA, Trump said TdA was engaged in “hostile actions” and “threatening an invasion or predatory incursion against the territory of the United States.”
Since taking office, Trump has sent troops to the Mexican border, imposed tariffs on Mexico and Canada for allegedly not doing enough to stop illegal crossings, and designated gangs such as TdA and MS-13 as terrorist groups.
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