The U.S. Supreme Court ruled that President Donald Trump’s administration could continue to deport Venezuelan immigrants under 18th-century wartime law, but ordered them to be granted “reasonable time” to appear in court.
In a 5-4 ruling, the top U.S. court on Monday overturned the next federal court order that attempted to temporarily block temporary deportation under the Foreign Enemy Act of 1798.
The Trump administration invoked the law last used during World War II to expel members of the Tren de Alagua gang in Venezuela, claiming they were “engaging in irregular wars” in the United States.
After Trump took office in January, the administration deported hundreds of people to El Salvador, but flights carrying deported were suspended by federal judges on March 15.
Although the Supreme Court ruled that the government could use wartime law for deportation, it said that the deported persons still have the right to due process and “have the right to notice and have the opportunity to challenge their evacuation”.
In the objection, three free judges of the court joined the conservative judge Amy Coney Barrett, who agreed with some of the arguments.
Both Trump, who represent five Venezuelans in this case, saw the ruling as a victory.
In another ruling Monday, the Supreme Court temporarily blocked a lower court ruling, ordering the Trump administration to return the El Salvadors to the U.S. after being wrongly deported.
The lower court’s ruling calls on Kilmar Abrego Garcia to return from El Salvador, who was wrongly deported at midnight on Monday on March 15.
The temporary stay of the Supreme Court provides more time for nine judges to consider the case.
Abrego Garcia, a prominent U.S. resident married to a U.S. citizen, was granted protection from deportation in a 2019 verdict that says he would face persecution from criminal gangs if he was sent back to his home country.
U.S. government lawyers claim that Abrego Garcia is a member of the international gang MS-13, a claim his lawyer denied.
The Trump administration designated MS-13 as a “terrorist organization” in January.
