The group argues that the administration is defying the Supreme Court’s recent ruling requiring due process for would-be deportees.
The American Civil Liberties Union (ACLU) filed an emergency request late on April 18 asking the Supreme Court to immediately block the Trump administration from deporting alleged Venezuelan gang members.
The emergency application in A.A.R.P. and W.M.M. v. Trump, which challenges President Donald Trump’s use of the Alien Enemies Act to deport illegal immigrants who are alleged or confirmed criminal gang members, is directed to Justice Samuel Alito.
The application said the ACLU’s clients are challenging the Trump administration’s use of the federal statute to deport them. The clients “are in imminent and ongoing jeopardy of being removed from the United States without notice or an opportunity to be heard, in direct contravention of this Court’s order in Trump v. J.G.G.”
“Many individuals have already been loaded on to buses, presumably headed to the airport” and are at risk of being sent to a prison in El Salvador, according to the application.
In Trump v. J.G.G., the Supreme Court on April 7 granted the president’s request to pause a federal district judge’s orders preventing his administration from using the Alien Enemies Act to deport suspected members of a Venezuelan gang but determined that detainees must be given an opportunity to challenge their removal.
“We grant the application and vacate the [temporary restraining orders],” the court said in a per curiam, or unsigned, opinion in the case. The decision applied to two original restraining orders and an extension issued by Washington-based U.S. District Judge James Boasberg.
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Sam Dorman contributed to this report.
This is a developing story and will be updated.