"Both the Executive and the Judiciary have an obligation to follow the law. The Executive must proceed under the terms of our order in Trump v. J. G. G., 604 U. S. ___ (2025) (per curiam), and this Court should follow established procedures."
DEMOCRAT SENATOR VAN HOLLEN MEETS, SHAKES HANDS WITH ABREGO GARCIA
A Venezuelan migrant repatriated from the US walks upon arrival at Simon Bolivar International Airport in Maiquetia, Venezuela, on April 4, 2025. (JUAN BARRETO/AFP via Getty Images)
Later on Saturday, counsel representing the Trump administration filed an opposition to the order. The lawyers said that the federal government gave advance notice to detainees before their deportations, allowing enough time to file habeas claims.
"The government has agreed not to remove, pursuant the AEA, those AEA detainees who do file habeas claims (including the putative class representatives)," the filing states.
"This Court should dissolve its current administrative stay and allow the lower courts to address the relevant legal and factual questions in the first instance — including the development of a proper factual record."
The American Civil Liberties Union (ACLU) previously filed an emergency appeal arguing that federal immigration authorities appeared to have resumed the deportations under the Alien Enemies Act of 1798. The Supreme Court previously allowed the White House to continue the deportations in a limited capacity, as long as due process was provided.
President Donald Trump waves with Vice President JD Vance as they depart after welcoming the 2025 College Football National Champions, the Ohio State University football team, during an event on the South Lawn of the White House, Monday, April 14, 2025, in Washington. (AP Photo/Alex Brandon)
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The Alien Enemies Act of 1798, which allows the deportation of natives and citizens of an enemy nation without a hearing, has only been invoked a few times in U.S. history, most recently being during World War II.
Fox News Digital's Landon Mion and Alexandra Koch and The Associated Press contributed to this report.
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