The Supreme Court on Monday unanimously agreed that alleged members of the Venezuelan gang Tren de Aragua have a due process right to challenge President Donald Trump's use of the Alien Enemies Act (AEA) to summarily deport them. At the same time, the majority lifted a temporary restraining order (TRO) that blocked those deportations, saying Venezuelans detained under the AEA must file habeas corpus petitions in Texas, where they are being held, rather than seeking relief in the District of Columbia under the Administrative Procedure Act.
As the Court's unsigned order in Trump v. J.G.G. notes, "'it is well established that the Fifth Amendment entitles aliens to due process of law' in the context of removal proceedings," meaning "the detainees are entitled to notice and opportunity to be heard 'appropriate to the nature of the case.'" Specifically, the majority says, "AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs."
That order decisively rejects the Trump administration's attempt to deport suspected gang members without judicial review. Lee Gelernt, the American Civil Liberties Union lawyer representing five named plaintiffs who say they were mistakenly identified as Tren de Aragua members, said his clients were "disappointed" that they would "need to start the court process over again." But he described the Court's affirmation of their due process rights as "a huge victory" because the justices "rejected the government's position that it does not even have to give individuals meaningful advance notice so they can challenge their removal under the Alien Enemies Act."
