US Supreme Court rules deportees under Alien Enemies Act entitled to due process and ‘reasonable notice’ News
U.S. Immigration and Customs Enforcement, Public domain, via Wikimedia Commons
US Supreme Court rules deportees under Alien Enemies Act entitled to due process and ‘reasonable notice’

On Friday, the US Supreme Court granted an emergency petition and an application for injunction to detained supposed members of the Tren de Aragua (TdA) being held under the Alien Enemies Act (AEA). On March 15, President Trump invoked the Alien Enemies Act and classified TdA, a Venezuelan gang, as a terrorist organization. Following this classification, the administration began detaining and deporting those alleged to be TdA members. The detainees in this case were apprehended in mid-April and applied for a temporary injunction from the Supreme Court, along with other relief in lower courts.

In its ruling on Friday, the US Supreme Court specifically addressed whether the government provided “reasonable notice” to those detained under the act. The Court, while holding that individuals held under the act are entitled to due process, restrained itself from defining how much time sufficiently satisfies this “reasonable notice” requirement, stating:

The detainees’ interests at stake are accordingly particularly weighty. Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster. But it is not optimal for this Court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case.

In its grant of a temporary relief period, the Court only determined that a notice given to the detainees on April 18 was insufficient, and that detainees ought to have “sufficient time” and resources to seek habeas relief, contact counsel, file petition, and pursue other appropriate avenues for relief. The Court did not address the underlying merits of the parties’ claims or the constitutional legitimacy of removals under the AEA. Instead, the Court noted: “We recognize the significance of the Government’s national interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution.”

At this time, it is left to the government to determine what reasonable notice and sufficient time are within the parameters and guidance given in this decision.

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