Washington — The Trump administration on Friday asked the Supreme Court to lift lower court orders blocking deportations of alleged Venezuelan gang members under the wartime Alien Enemies Act.
The Justice Department made the request for emergency relief just days after a federal appeals court in Washington declined to let the administration resume the deportations of people believed to be members of the Tren de Aragua gang to El Salvador under the wartime authority.
“This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country — the President, through Article II, or the Judiciary, through [temporary restraining orders],” acting Solicitor General Sarah Harris wrote. “The Constitution supplies a clear answer: the President. The republic cannot afford a different choice.”
The Supreme Court has asked lawyers for a group of five Venezuelan nationals who challenged the administration’s efforts to invoke the Alien Enemies Act to respond to the Justice Department’s request by April 1.