More Than 100 Deported, on 3 Flights, under Alien Enemies Act
The Washington Post has created a helpful timeline covering the events surrounding the Trump administration’s efforts to deport Venezuelans under the Alien Enemies Act.
On Saturday, Trump released an executive order invoking the Alien Enemies Act. If you’re unfamiliar with this 1798 law, you’re not alone. Check out Prof Steve Vladeck’s helpful primer.
Litigation to stop the invocation of the Act proceeded immediately. As in, a federal court hearing started within 40 minutes of the Executive Order. And, ultimately, that same evening the federal judge ordered the immediate halt of removals under the 1798 law and directed the administration to return to the United States any flights that were in the air.
Sunday morning, the president of El Salvador confirmed–in the crassest, most horrifying way–that Venezuelans deported from the US pursuant to the Act were already in his country. I refuse to give Elon Musk the benefit of directly citing to Twitter, so here’s the WaPo summary:
I think I developed a new ulcer reading that paragraph. FFS.
That wasn’t helped by the words of the White House Press Secretary today. She explained that while flights may have taken off from the US to El Salvador after the court’s verbal order they did not depart after the court’s written order. So, you know, the “it only counts when it’s in writing rule.” I definitely teach that in Civil Procedure.
“There are actually questions about whether a verbal order carries the same weight as a written order” — Leavitt on court orders and Trump’s compliance (or lack thereof) with them
— Aaron Rupar (@atrupar.com) March 17, 2025 at 12:33 PM
I stand by my earlier summary: FFS. Maybe with an added JFC.
-KitJ