Background of the Case

In a notable dissent, Justices Samuel Alito and Clarence Thomas of the Supreme Court voiced their opposition as the Trump administration sought to enforce deportations under the Alien Enemies Act of 1798. This law, invoked only a handful of times in U.S. history, typically applies during wartime.

Following a Supreme Court ruling that allowed deportations under the 1798 law, it mandated that migrants receive the chance to challenge their removals in their respective detention court districts.

Legal Actions by the ACLU

On a recent Friday night, the American Civil Liberties Union (ACLU) initiated legal actions in two federal courts. This came after requests for the Supreme Court to intervene in the Trump administration’s plans to deport individuals, particularly to El Salvador, where many have been recently sent to the Terrorism Confinement Center (CECOT).

Issues with Deportation Notices

Lee Gelernt, the lead counsel for the ACLU, emphasized serious issues with the deportation notices received by the migrants. According to Gelernt:

“There’s no box to check to say I want to contest. There’s nothing that says there is a right to contest, much less the time frame.”

The notices, which were only provided in English, failed to inform migrants about their legal rights regarding court procedures.

Judicial Proceedings

During a hearing in the District Court of Washington, D.C., Chief Judge James Boasberg expressed concerns that the Trump administration might be in contempt of court for not complying with a prior ruling requiring due process rights for deportation targets. Gelernt indicated a readiness to file lawsuits in every federal judicial district to ensure adherence to this ruling.

Meanwhile, Justice Department lawyer Drew Ensign conveyed that while no deportation flights were scheduled for that day, the administration reserved the right to initiate them soon, arguing they had fulfilled the notice requirements to the migrants.

Concerns About Immigrant Treatment

Numerous individuals have been caught in the broad sweep of Trump’s deportation efforts, many lacking evidence of any criminal activity beyond unauthorized entry, which is civil rather than criminal in nature.

One of the cases raised by the ACLU involved a 19-year-old Venezuelan migrant known as Y.S.M., who was accused of gang affiliation based on a photograph with a gun. His lawyer clarified that the weapon in the image was a water pistol, raising questions about the legitimacy of the claims made by immigration officials.

The ACLU warned that those facing deportation might be sent back to El Salvador, potentially leading to severe consequences, including life sentences, without any meaningful chance to contest their removals.