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27 States File Brief with Supreme Court Backing Trump’s Use of Alien Enemies Act to Deport Tren de Aragua Gangsters

(----EDITORIAL USE ONLY - MANDATORY CREDIT - 'EL SALVADOR PRESIDENCY / HANDOUT'
El Salvador Presidency / Handout/Anadolu via Getty

Officials from 27 states have filed an amicus brief with the Supreme Court in support of the Trump administration’s use of the Alien Enemies Act to deport Venezuelan gang members.

On March 26, a federal appeals court upheld a temporary block of the Trump administration’s deportation of hundreds of Venezuelans, many of whom are members of the dangerous gang known as Tren de Aragua. The court noted that it was skeptical of the Trump administration citing of the 1798 Alien Enemies Act as the basis of the deportation orders.

Several days later, the Trump admin asked the U.S. Supreme Court to allow the resumption of deportations while the case, J.G.G. v. Trump, winds its way through the courts. U.S. Attorney General Pam Bondi said the deportations are necessary as part of “modern-day warfare” against narco-terrorists.

Now, the attorneys general and other officials from 27 states have joined Bondi and the federal government in support of the use of the 1789 act to deport dangerous criminal aliens.

The Trump administration maintains that Tren de Aragua is a foreign terrorist organization engaged in what amounts to warfare against the United States of America and that it is backed by a foreign nation to that effect.

Two planeloads of those designated for deportation had already been sent to El Salvador before the courts began jumping in to block the deportations.

The Trump administration asked the Supreme Court to grant an administrative stay of the lower court’s block on the deportations, writing:

The district court’s flawed orders threaten the government’s sensitive negotiations with foreign powers. And as long as the orders remain in force, the United States is unable to rely on the Proclamation to remove dangerous affiliates with a foreign terrorist organization—even if the United States receives indications that particular TdA members are about to take destabilizing or infiltrating actions. And the court’s orders are likely to be extended by another two weeks, based on respondents’ recent submissions to the district court. In these circumstances, an administrative stay is warranted while this Court assesses the government’s entitlement to vacatur.

This Court should vacate the district court’s orders. In addition, the Acting Solicitor General respectfully requests an immediate administrative stay of the district court’s orders pending the Court’s consideration of this application.

Detractors and advocates for illegals claim that the deportations violate due process and that the deportees have not had the chance to dispute the rulings that they should be classified as “alien enemies” and deported. They also say the evidence against the migrants is “flimsy.”

The case will likely have to be decided by the U.S. Supreme Court to determine if the illegal aliens are suffering from a violation of due process.

Follow Warner Todd Huston on Facebook at: facebook.com/Warner.Todd.Huston, X at WTHuston, or Truth Social at @WarnerToddHuston.

via April 1st 2025