If you thought the Supreme Court's weighing in on Judge James Boasberg's jurisdiction in the Alien Enemies Act (AEA) case was the end of the inquiry, you'd be mistaken. As I'm often compelled to remind folks, procedural rulings aren't rulings on the merits. And all that Monday's SCOTUS decision did was say that Boasberg's wasn't the court in which the plaintiffs in that case could bring their claims.
In fact, three of the plaintiffs are located at the El Valle Detention Center in Raymondville, Texas, and have now petitioned the U.S. District Court in the Southern District of Texas for relief, seeking a writ of habeas corpus. (Two others somehow were transported to New York and have filed a similar suit there.)
On Wednesday morning, Judge Fernando Rodriguez Jr. (a Trump appointee) issued a temporary restraining order (TRO) in that case, placing a temporary hold on the removal of the plaintiffs under the AEA.
JUST IN: Trump-appointed judge in Texas blocks removals under the Alien Enemies Act, citing the SCOTUS ruling and the potential for a mistake as revealed in the Abrego Garcia case.
— Kyle Cheney (@kyledcheney) April 9, 2025
This follows a similar order from NY judge on two other AEA targets https://t.co/h1nrJX53XU pic.twitter.com/OvVSCi0dDv
RELATED: SCOTUS Hands Trump a Major Win on Use of Alien Enemies Act to Deport Some Illegals
Now, there are a couple of important things to bear in mind here. First and foremost, while the SCOTUS decision on Monday was a 5-4 split on the overall ruling, all nine of the justices were in agreement that even under the AEA, individuals facing removal are entitled to some due process — i.e., notice and the chance to be heard before being bounced. Which is what is going on here.
Second, the TRO is temporary — a momentary pause to make sure all the ducks are in a row before someone who isn't properly subject to removal under Trump's AEA proclamation gets removed and then has no recourse.
Third, the Trump administration hasn't even had a chance to respond to this yet – it was just filed this morning. There's a hearing set for Friday at 1:30 p.m., and we'll know more about what the court intends to do after that.
Fourth, the TRO isn't a ruling on the merits. It's a procedural pause — that's it.
Lastly, the AEA isn't the only method via which the administration is able to and has been removing illegal aliens from the country. It's one tool in the toolkit and it's being tested in these cases.
As always, we'll continue to follow the case and report on any updates.
Editor's Note: Thanks to President Trump, illegal immigration into our great country has virtually stopped. Despite the radical left's lies, new legislation wasn't needed to secure our border, just a new president.
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