The Trump Administration asked the Supreme Court to stay a district court temporary restraining order that prevents the government from removing certain Venezuelan citizens under President Trump's proclamation invoking the Alien Enemies Act. We most recently posted on the D.C. Circuit ruling here.

Most recently, the D.C. Circuit declined to halt the district court TRO. This meant that the TRO remained in place, and continued to prevent the Trump Administration from removing Venezuelans that, according to the Trump Administration, belong to Tren de Aragua, which the Administration previously designated a foreign terrorist organization. (This is the same case in which the Administration flew some alleged members of TdA to El Salvador, likely in violation of the district court order. That question–whether the Administration violated the TROs–is pending in the district court. Most recently, the Administration invoked the state secrets privilege and refused to answer the court's questions about the flights.)

Earlier today, the Administration asked the Supreme Court to stay the TRO. On the likelihood-of-success-on-the-merits, the Administration argued four points:

  • The plaintiffs filed the wrong case in the wrong court. They should've filed a habeas petition in the district where they're detained (the Southern District of Texas), and not an Administrative Procedure Act claim in the D.C. District.
  • The district court wrongly certified a class "to effectively impose a backdoor nationwide injunction against the Proclamation."
  • The President's invocation of the Alien Enemies Act is lawful, because the President found "that TdA members are involved in, threatening, or attempting an 'invasion' or 'predatory incursion,' and that TdA has 'infiltrated,' and 'acts at the direction' of a foreign nation or government," based on TdA's "close entwinement with the Maduro regime in Venezuela."
  • The TRO is appealable, and the Supreme Court should stop the increasingly common use of TROs to frustrate the Administration's agenda.

Chief Justice Roberts ordered a response to the Administration's application by 10:00 a.m. on April 1.