Trump administration asks Supreme Court to review El Salvador deportation flight case

Trump Administration Seeks Supreme Court Review to Overturn Restraining Order on Deportation of Venezuelan Nationals

The Trump administration has requested the Supreme Court to review a restraining order that temporarily prevents the immediate deportation of Venezuelan nationals, including alleged gang members, from the United States. The order is based on an 18th-century immigration law. Lawyers for the Trump administration argue that the lower court’s decision undermines the administration’s ability to protect the country from foreign terrorist organizations and jeopardizes delicate foreign negotiations.

Background on the Case

The request for Supreme Court intervention follows a ruling by the DC Circuit Court of Appeals, which upheld a lower court’s decision to block the administration’s use of the 1798 Alien Enemies Act to deport Venezuelan nationals. The circuit court’s decision temporarily paused the administration’s use of the law for a 14-day period to allow for a thorough review of the case.

Trump Administration’s Response

The Trump administration had previously vowed to appeal the circuit court’s decision to the Supreme Court for further review. Acting Solicitor General Sarah Harris argues in the Supreme Court filing that the lower court’s orders pose a threat to sensitive negotiations with foreign powers and could result in irreparable harm. The administration is requesting, at minimum, an administrative stay that would allow them to continue using the Alien Enemies Act to deport Venezuelan nationals while the case is being considered by the Supreme Court.

Criticism of the Appeals Court Decision

The Trump administration strongly criticizes the appeals court’s decision, which focused on concerns of due process violations and immediate harm to the plaintiffs. The majority of the appeals court judges emphasized the risk of deporting individuals to a country that is not their country of origin. The Trump administration argues that the equities favor their position and that the lower court’s temporary restraining orders were designed to protect its remedial authority.

Concerns about Temporary Restraining Orders

Lawyers for the Trump administration express concern about the growing trend of temporary restraining orders and injunctions that block key policies. They argue that these orders, including the one in this case, contribute to a “rule-by-TRO” pattern. The administration points out that in the two months since Inauguration Day, district courts have issued more than 40 injunctions or temporary restraining orders against the Executive Branch. They argue that this approach puts the basic functions of the Executive Branch at risk.

Trump Administration’s Determination

Despite the setbacks in the lower courts, the Trump administration remains determined to defend the president’s authority and the Constitution. They view the lower court decisions as an unauthorized infringement on the president’s power. White House press secretary Karoline Leavitt reaffirms the administration’s commitment to seek Supreme Court review and ensure the safety and security of the nation.

Stay Tuned for Updates

This is an ongoing news story, and updates will be provided as the situation develops.