Supreme Court Rules Against Boasberg’s TRO in Alien Enemies Act Challenge
SCOTUS Strikes Down TRO on Alien Enemies Act Enforcement — What It Means Now
In a closely watched emergency ruling, the Supreme Court lifted a temporary restraining order (TRO) that had blocked the administration from using the Alien Enemies Act (AEA) to remove certain noncitizens, allowing enforcement to resume while litigation continues. Reporting indicates a 5–4 split, with the Court emphasizing that its action concerns interim relief—not a final merits decision.
What the ruling did—and didn’t do
- Did: Vacate the TRO that had halted AEA removals, clearing the way for the government to restart deportations in cases covered by the proclamation and implementing guidance.
- Didn’t: End the lawsuits. The Court underscored that people targeted under the AEA can still challenge their removal—including constitutional and statutory claims—in appropriate courts. Lower-court proceedings and requests for preliminary injunctions remain live.
Procedural context
The TROs had been issued by district courts after rapid filings from civil-rights groups; some were later broadened to cover larger classes. The government sought Supreme Court intervention, arguing border and national-security interests. The justices’ order restores the status quo ante before the TROs, while circuit and district courts continue to address due-process issues and notice requirements.
Practical takeaways if you or a client may be affected
- Act fast on review rights. The ruling does not eliminate access to court. Preserve habeas or other challenges immediately upon notice of removal; strict timelines will apply.
- Collect proof now. Keep identification, custody records, fear-of-harm declarations, and evidence that you do not fit the proclamation’s criteria.
- Demand adequate notice. Several decisions and statements stress that persons must receive constitutionally sufficient notice and a fair chance to seek judicial review before removal. Document any deficiencies.
- Coordinate counsel & sponsors. Prepare release plans, country-condition evidence, and emergency filings (stay requests, TROs/PI motions) tailored to the individual case.
- Community & employer roles. Letters confirming employment, study, caregiving, or medical needs can weigh in bond, parole, or equitable determinations while courts assess claims.
Bottom line: SCOTUS removed the temporary block, not the right to challenge. Expect rapid, case-by-case enforcement—and make sure your legal strategy and evidence are decision-ready now.
