



WASHINGTON — The Trump administration is touting a Supreme Court ruling allowing it to resume deportations under the Alien Enemies Act as a major victory, but the immigration fight is far from over.
The divided court found that President Donald Trump can use the 18th century wartime law to deport Venezuelan migrants accused of being gang members to a notorious prison in El Salvador, a finding Trump called a “GREAT DAY FOR JUSTICE IN AMERICA!” in a social media post.
But the justices also decided people accused of being members of the Tren de Aragua gang have to get a chance to challenge their removals — a finding their lawyers called an “important victory.”
The legal landscape could be more challenging, though, since it appears the people being held will have to file individually and in the district where they are detained. For many, that’s in Texas.
Meanwhile, the Supreme Court is also weighing another case against a Maryland man deported by mistake that could shed light on the fate of more than 100 men accused of being gang members who have already been sent to prison in El Salvador.
Here’s a look at what’s next:
The Supreme Court’s ruling lifted a restraining order from a judge in the nation’s capital that had blocked the Trump administration from deporting people under the law.
But it doesn’t allow those deportations to start right away.
The court said that the accused have to be given notice and reasonable time to try and convince a judge that they shouldn’t be deported.
The families of multiple people who have already been deported under the Alien Enemies Act say they are not gang members, and should not have been deported under the law.
Attorney General Pam Bondi said on Fox News that she expected future hearings to be held in Texas, and for judges to deal with each case individually rather than issue orders about the group as a whole.
Texas may not be the only venue, though. The American Civil Liberties Union filed a class-action lawsuit Tuesday on behalf of two immigrants who are currently held in New York and say they have been wrongly labeled as members of Tren de Aragua, or TdA, putting them at risk of deportation to the prison.
The Supreme Court’s ruling did not address the constitutionality of the act or the migrants’ claim that they don’t fall within the category of people who can be deported under the law.
It’s also not clear how this ruling affects the more than 100 people who have already been sent to the El Salvador prison under the Alien Enemies Act without being given an opportunity to challenge their removals before the flights, which the court now says is necessary.
The ruling didn’t address what kind of recourse, if any, those migrants may be entitled to.
In another case involving a man mistakenly deported to the El Salvador prison, the administration has said it has no way to get him back.
That man, Kilmar Abrego Garcia, was not deported under the Alien Enemies Act, but the administration has conceded that he shouldn’t have been sent to El Salvador because an immigration judge found he likely would face persecution by local gangs.
Chief Justice John Roberts agreed Monday to pause a deadline for the Trump administration to bring Garcia back to the U.S.
Abrego Garcia’s lawyer told the Supreme Court on Tuesday that the justices’ finding that migrants must have a chance to challenge their removal underscores his client’s argument that his rights were violated and that he must be returned to the U.S.
“Indeed because Abrego Garcia was deprived of any judicial review whatsoever, he had no opportunity to even respond to prove that he is not a member of MS-13,” his attorney told the high court in a letter.