The Supreme Court allowed the Trump administration to use a centuries-old national security law to remove migrants alleged to be Venezuelan gang members, in a decision Monday that also allows those detained to first have a chance to have a federal judge review their situation.
In a 5-4 decision, the justices lifted a lower court order that temporarily stopped the U.S. from using the 1798 law known as the Alien Enemies Act to remove members of Tren de Aragua without giving the migrants a chance to challenge the move.
The Supreme Court ruled that individuals facing removal under the presidential proclamation can file claims in court that give them a form of due process to give them a chance to contest the allegations — and must be given a chance to do so.
