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Supreme Court temporarily halts new deportations under Alien Enemies Act

STEVE INSKEEP, HOST:

The U.S. Supreme Court blocked the Trump administration from deporting a group of Venezuelan immigrants using the Alien Enemies Act. Also, Senator Chris Van Hollen, Democrat of Maryland, had more to say about a trip to El Salvador to meet with Kilmar Abrego Garcia, the Maryland man who was illegally deported to a facility there.

A MARTÍNEZ, HOST:

NPR's Jasmine Garsd covers immigration - joins us now to bring us up to date. So, Jasmine, you've been covering that case. Where does it stand?

JASMINE GARSD, BYLINE: Yeah. The Supreme Court has ruled that the Trump administration must facilitate the return of Abrego Garcia. And since then, a federal judge, Paula Xinis, has ordered a two-week inquiry into what steps the Trump administration has taken. That's going to start this week. Now, NPR has been sitting on other presiding hearings presided by Judge Xinis, and I can tell you she sounds quite frustrated. Now, the administration doubled down over the weekend, insisting Abrego Garcia is a gang member and posting on social media that they are not bringing him back. What Van Hollen and many immigration advocates are arguing is this is not about whether or not Abrego Garcia is a gang member. It's about due process in the U.S., which he didn't get.

MARTÍNEZ: Yeah. So that's one case. There was also another group of Venezuelan migrants on the verge of being deported, but the Supreme Court stepped in to delay that. So what can you tell us about that one?

GARSD: Well, the Trump administration has been invoking the Alien Enemies Act, and their argument is it applies to immigrants who are members of gangs like MS-13 or Tren de Aragua. So last Thursday, lawyers learned immigration officials were handing out notices to Venezuelan migrants, informing them that they were being deported under the Alien Enemies Act. I spoke to a lawyer who heard from her client. Corinne Brown (ph) is an attorney with The Legal Aid Society.

CORINNE BROWN: My client called me, crying, informed me that they just attempted to deport him. And to think that he can just be sent to a Salvadorian prison and just rot in there for the rest of his life - it's really unconscionable.

GARSD: Brown says her client was instructed to sign a paper in English, which he doesn't speak, and told he was being deported immediately.

MARTÍNEZ: Now, Jasmine, didn't the Supreme Court already rule on the Alien Enemies Act?

GARSD: Yeah. So earlier this month, the Supreme Court did rule that the Trump administration can use the Alien Enemies Act to deport migrants accused of gang activity. But they also ruled that the migrants have to be given enough time to defend themselves. And lawyers and advocates are saying 24 hours is not enough. In a statement to NPR, Assistant Secretary of Homeland Security Tricia McLaughlin said they are complying with the Supreme Court's ruling.

MARTÍNEZ: OK. So if that's the case, then why did the Supreme Court step in on Saturday?

GARSD: The ACLU asked the court to do so, and it rapidly did. Around 2 a.m. on Saturday, they ordered a pause. For now, the Trump administration cannot deport these migrants using the Alien Enemies Act.

MARTÍNEZ: All right. That's NPR's Jasmine Garsd. Thank you very much for this update.

GARSD: Thank you. Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Jasmine Garsd
Jasmine Garsd is an Argentine-American journalist living in New York. She is currently NPR's Criminal Justice correspondent and the host of The Last Cup. She started her career as the co-host of Alt.Latino, an NPR show about Latin music. Throughout her reporting career she's focused extensively on women's issues and immigrant communities in America. She's currently writing a book of stories about women she's met throughout her travels.
A Martínez
A Martínez is one of the hosts of Morning Edition and Up First. He came to NPR in 2021 and is based out of NPR West.