Supreme Court Justices posing for an official photo at the Supreme Court. (Photo by OLIVIER DOULIERY/AFP via Getty Images)
The ruling follows a temporary order from U.S. District Judge James Boasberg last month blocking the administration’s use of the 1798 law for 14 days while he considered the case on its merits – a pause upheld by a federal appeals court in a 2–1 decision.
"Nazis got better treatment" than some of the migrants deported under the law, Judge Patricia Millett, an Obama appointee, remarked during the appellate hearing.
Both Boasberg and the appellate panel sharply questioned the administration over Trump’s proclamation invoking the Alien Enemies Act to deport Venezuelan nationals – and over the three planes that removed hundreds of migrants to El Salvador the very next day.
At least 261 migrants were deported that day, including more than 100 Venezuelans removed "solely on the basis" of the 1798 statute.
The deportation flights reportedly landed around the same time Boasberg issued his temporary halt, raising questions about whether administration officials knowingly defied the order. Boasberg had issued a bench ruling requiring any flights that had already taken off to return "immediately."
That did not happen.
APPEALS COURT BLOCKS TRUMP ADMIN'S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT
In this handout photo provided by the Salvadoran government, guards escort the inmates allegedly linked to criminal organizations at CECOT on Mar.16, 2025 in Tecoluca, El Salvador. (Salvadoran Government via Getty Images)
Boasberg also pressed the government to disclose the names, locations, and agencies of individuals involved in the removals, as well as any internal conversations with officials who may have been monitoring the court proceedings.
The hearing marked the latest in a flurry of legal battles over the Trump administration’s use of the Alien Enemies Act. It followed Boasberg’s order requiring officials to explain why they failed to comply with his directive to return the deportation flights – and whether they knowingly defied the court.
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The Supreme Court ruling may not mark the end of Trump’s push to invoke the Alien Enemies Act.
Boasberg is still weighing potential contempt charges against administration officials. As of this writing, a preliminary injunction hearing is set for April 8.
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/supreme-court-grants-trump-request-lift-stay-halting-venezuelan-deportations