US Supreme Court suspends eviction ban under wartime exception law

U.S. Supreme Court has temporarily suspended the ban on migrant expulsions under an exceptional wartime law on Monday for technical reasons, with President Donald Trump hailing it as a 'great day for justice,' even though the legal battle is far from over.

Trump had invoked this 1798 law — previously used only during wartime — in mid-March to expel over 200 people to El Salvador, presented as alleged members of a Venezuelan gang.

A federal judge had subsequently blocked any migrant expulsions for 14 days based on this law and was concerned about the 'incredibly problematic' repercussions of using the 'Alien Enemies Act.'

The President then called for the removal of Judge James Boasberg, a federal magistrate in Washington, prompting a Supreme Court rebuke.

The Republican leader rejoiced Monday over the Supreme Court decision, which has a conservative majority. "The Supreme Court upheld the rule of law in our country by allowing a president, any president, to secure our borders and protect our families and our country. A great day for justice in America!" He said on his Truth Social network.

Right to 'contest'

The Supreme Court lifted the temporary restrictions imposed by Judge Boasberg, but mainly for technical reasons related to the venue of the hearing where he rendered his decision. The migrants who filed a lawsuit to prevent their expulsion are in Texas, while the case before Judge Boasberg was heard in Washington. In other words, the highest court in the country leaves the door open to potential challenges about the legality of using the 'Alien Enemies Act' in the courts.

The highest U.S. court, however, specified that foreigners liable to be expelled under the 'Alien Enemies Act', which was used only during the Anglo-American War of 1812, World War I, and World War II, should be entitled to a fair trial. 'Persons detained under the Alien Enemies Act must be informed of it and can contest their expulsion,' reads the Supreme Court decision, stating that 'the only question is which court should decide.'

Lee Gelernt, a lawyer with influential civil rights organization ACLU, hailed a reminder of the right to a fair trial as an 'important victory' in a statement.

'Exceptional threat'

Supreme Court Chief Justice John Roberts and four other conservative judges voted in favor of lifting the court's decision to temporarily ban expulsions under this law.

Other magistrates expressed dissenting opinions. 'The President of the United States invoked a centuries-old wartime law to send people to a notoriously brutal prison managed by a foreign country,' said Judge Ketanji Brown Jackson.

Judge Sonia Sotomayor was also concerned about an 'exceptional threat to the rule of law.'

In mid-February, Trump designated eight Latin American cartels as 'terrorist' organizations, a classification that expands the range of actions available to U.S. authorities combating organized crime. Trump accused those expelled in mid-March without trial to El Salvador of belonging to the Tren de Aragua gang.

A Salvadoran immigrant living in the U.S. since 2019 was expelled by mistake.

Donald Trump has made the fight against illegal immigration a priority, speaking of an 'invasion' of the U.S. by 'criminals' coming from abroad, and heavily communicating about migrant expulsions.