Supreme Court rejects Trump's Alien Enemies Act deportations

First gang member arrested under 'Alien Enemies Act'

Officials in Florida revealed Friday the first arrest of an alleged Tren de Aragua (TdA) gang member, Franklin Jose Jimenez-Bracho, following President Trump's enacting of the Alien Enemies Act.

The Supreme Court on Friday rejected an appeal by the Trump administration to resume deporting Venezuelans under the Alien Enemies Act of 1798. 

The justices were ruling on an emergency appeal from lawyers for Venezuelan men who have been accused of being gang members. The Trump administration says their alleged gang affiliation allows them to be quickly deported from the United States under the Alien Enemies Act of 1798.

The court had already temporarily stopped the deportations in an order issued last month. 

What did the justices say? 

The high court case centers on the opportunity people must have to contest their removal from the United States, without determining whether Trump's invocation of the law was appropriate.

What they're saying:

"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," the justices said in an unsigned opinion.

FILE: An exterior view of the Supreme Court on June 20, 2024 in Washington, DC. (Photo by Andrew Harnik/Getty Images)

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Justices Samuel Alito and Clarence Thomas dissented.

Dig deeper:

At least three federal judges have said Trump was improperly using the Alien Enemies Act to deport people they accuse of being members of the Tren de Aragua gang. 

The justices said in April that people must be given "reasonable time" to file a challenge.

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The court has rejected the 12 hours the administration has said would be sufficient, but has not otherwise spelled out how long it meant.

The Supreme Court on Friday also made clear that it was not blocking other ways the government may deport people.

What is the Alien Enemies Act of 1798? 

The backstory:

The Alien Enemies Act allows the president to detain, relocate or deport non-citizens from a country that is considered an enemy of the United States during wartime.

Congress passed the Alien Enemies Act as part of the four Alien and Sedition Acts of 1798 when the U.S. was about to go to war with France.

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The law requires a formal declaration of war before it can be used, but Trump appears to have invoked the law without such a declaration. The sweeping authority of the Alien Enemies Act may sidestep a law that bans the military from civilian law enforcement.

The act has only been invoked three previous times in U.S. history, most recently during World War II to hold Japanese-American civilians in internment camps. The Trump administration contended it gave them power to swiftly remove immigrants they identified as members of the gang, regardless of their immigration status.