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Supreme Court hands Trump a win, with caveats, and ACLU files new suit

​A group of migrants sit as they wait to be transported for processing on the day the U.S. 5th Circuit Court of Appeals hears oral arguments on Texas' motion to lift a block on its SB4 immigration law that would allow state officials to arrest migrants suspected of being in the country illegally, in El Paso, Texas, U.S. March 20, 2024 .

A group of migrants sit as they wait to be transported for processing on the day the U.S. 5th Circuit Court of Appeals hears oral arguments on Texas' motion to lift a block on its SB4 immigration law that would allow state officials to arrest migrants suspected of being in the country illegally, in El Paso, Texas, U.S. March 20, 2024 .

REUTERS/Justin Hamel

In a 5-4 ruling, the US Supreme Court ruled that the Trump administration could continue deporting suspected Venezuelan gang members to a Salvadoran prison using the 18th-century Alien Enemies Act, overturning a lower-court judge’s decision to temporarily halt the flights.


“A GREAT DAY FOR JUSTICE IN AMERICA!” US President Donald Trump posted on Truth Social, celebrating the decision on Monday.

Not so fast. As part of the ruling, the Supreme Court stated that detainees are entitled to receive notice of their deportations and can challenge any decisions before a judge ahead of any removals, a privilege that the first set of deportees weren’t afforded. It comes after the White House started removing these alleged gang members, many of whom have no criminal record, last month. The executive branch even appeared to defy a judge’s order to turn around one of the planes. The American Civil Liberties Union duly asked a New York judge on Tuesday to halt the removals of two migrants who are being detained in the Empire State.

“The critical point is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act. That is a huge victory,”

ACLU attorney Lee Gelernt said of the ruling.Out of left field. From requesting more funds for border patrol to invoking old laws, Trump has explored several avenues to secure the border and remove migrants. That’s unlikely to stop anytime soon, as he now explores a $998 daily charge for migrants who shun deportation orders.

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