The Trump administration asked the Supreme Court on Friday to review a restraining order that temporarily blocks its use of an 18th century wartime immigration law to immediately deport Venezuelan nationals, including alleged members of the gang Tren de Aragua, from U.S. soil.
In the filing, lawyers for the Trump administration said that the lower court’s orders have “rebuffed” Trump’s immigration agenda, including its ability “to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations.”
The request for Supreme Court intervention comes shortly after the DC. Circuit Court of Appeals ruled 2-1 on Wednesday to uphold a lower court’s decision that temporarily blocked the administration’s use of the 1798 Alien Enemies Act law to immediately deport Venezuelan nationals. That decision paused the Trump administration’s use of the law for a 14-day period to allow the judge time to review the merits of the case.
The Trump administration had vowed it would appeal the circuit court decision the Supreme Court for further review.
In their Supreme Court filing, U.S. Acting Solicitor General Sarah Harris said the lower court’s “flawed” orders “threaten the government’s sensitive negotiations with foreign powers,” and risk “serious and perhaps irreparable harm if not immediately reviewed” by the nation’s highest court.
At minimum, the Trump administration said, the Supreme Court should grant an administrative stay, which would allow them to continue using the Alien Enemies Act to deport Venezuelan nationals while the court considers the government’s orders.
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