Trump and the SCOTUS have gotten along over the years. But now the tide may be turning.
And Donald Trump just made one earth-shattering demand of the U.S. Supreme Court.
Trump Appeals to Supreme Court to Deport Illegal Alien Gang Members
In a bold move, President Donald Trump has taken his case directly to the Supreme Court of the United States (SCOTUS), urging the justices to grant the federal government authority to deport illegal alien gang members to El Salvador. This request hinges on the Alien Enemies Act, a law Trump activated last month to expel members of notorious gangs like Tren de Aragua and MS-13. The deportations are part of an agreement struck with El Salvador’s President Nayib Bukele, signaling a new chapter in U.S. immigration enforcement.
The plan hit a snag when U.S. District Court Judge James Boasberg issued a temporary restraining order, halting two deportation flights already in progress. A lower court later affirmed Boasberg’s power to intervene, prompting Trump to personally appeal to SCOTUS. Backing the Department of Justice’s (DOJ) push, the president is now asking the high court to overturn Boasberg’s ruling entirely.
In the filing, Trump’s legal team argues passionately: “A single district court has enjoined further national-security operations pursuant to the Alien Enemies Act to remove members of a designated foreign terrorist organization that is ‘conducting irregular warfare against the territory of the United States * * * at the direction * * * of the Maduro regime in Venezuela.’”
They warn that the injunction threatens sensitive diplomatic talks with foreign nations about accepting and detaining these individuals. The counsel further criticizes the lower court’s decision, calling it a “blatantly unlawful drive-by class certification,” and urges SCOTUS to act swiftly by vacating the orders issued on March 15 and extended on March 28, 2025.
The controversy has sparked a fierce response from Congress. Rep. Brandon Gill (R-TX) has gone so far as to file Articles of Impeachment against Judge Boasberg, accusing him of overstepping his authority.
Gill’s legal team submitted a supporting brief to SCOTUS, asserting, “President Donald J. Trump’s decision to declare an invasion and remove Alien Enemies is not subject to review by the Courts of the United States. Congress made that clear in the text of the Enemy Aliens Act (AEA).”
They argue that identifying an invasion falls solely to the executive branch—a matter courts have consistently deemed beyond their jurisdiction—and call for the restraining order to be lifted immediately.
Democrats, however, are pushing back. Lawmakers like Rep. Jamie Raskin (D-MD) insist that the deported gang members should be brought back to the U.S. to ensure they receive due process.
At a recent hearing, Raskin declared, “I call on my colleagues … to demand that the Trump Administration comply with all judicial orders while appealing whichever ones they want to appeal, and to demand the return of people unlawfully taken to El Salvador on that so-called plane full of ‘gang bangers.’” This clash highlights a deep divide over how to handle illegal immigration and national security.
Trump’s 2024 Victory and the Immigration Crisis
Trump’s aggressive stance on deportation reflects a promise that resonated with American voters in the 2024 election. On November 5, 2024, millions cast their ballots to return him to the White House, driven largely by frustration over illegal immigration.
The issue had reached a boiling point, with Border Patrol reporting over 1.5 million encounters at the southern border in fiscal year 2024 alone. Communities across the country felt the strain—rising crime rates linked to gang activity, overburdened public resources, and a sense that the federal government had lost control.
Exit polls revealed that immigration topped the list of concerns for many Trump supporters. In states like Texas and Arizona, where border security dominated local headlines, voters overwhelmingly backed Trump’s pledge to crack down on illegal crossings and deport those posing a threat.
His campaign’s focus on gang members, particularly from groups like MS-13 and Tren de Aragua, struck a chord with Americans who saw these organizations as symbols of a broken system. By invoking the Alien Enemies Act, Trump delivered on his vow to prioritize national security, a move that galvanized his base and tipped swing states in his favor.
The election outcome handed Republicans control of both the House and Senate, giving Trump a clear mandate to pursue his immigration agenda. With Bukele’s cooperation in El Salvador, the administration moved quickly to execute deportations, framing them as a decisive blow against foreign criminal networks.
For many voters, this was the bold leadership they’d demanded—a stark contrast to what they viewed as years of inaction. As the Supreme Court weighs Trump’s appeal, the nation watches closely, knowing the decision could shape the future of immigration policy for years to come.
Stay tuned to the Conservative Column.
