Send us a text

In Donald J. Trump, President of the United States, et al. v. J.G.G., et al., the Supreme Court granted the government’s application to vacate temporary restraining orders issued by the District Court for the District of Columbia, which had blocked the removal of several Venezuelan detainees allegedly affiliated with the foreign terrorist organization Tren de Aragua (TdA). The detainees challenged President Trump’s Proclamation No. 10903, issued under the Alien Enemies Act (AEA), which authorized their detention and removal.

The Court construed the TROs as appealable injunctions and held that the detainees’ claims must be brought in habeas corpus. Because the claims necessarily challenged the legality of confinement and removal under the AEA, they fell within the “core” of habeas jurisdiction. As such, jurisdiction and venue lay solely in the district of confinement—Texas—not in the District of Columbia. The Court emphasized that equitable relief cannot be sought outside habeas in this context, relying on precedents such as Ludecke v. Watkins and Heikkila v. Barber.

Although the detainees are entitled to judicial review regarding their classification and removal under the AEA—including notice and an opportunity to seek habeas relief—the proper venue to litigate those claims is the district of confinement. The Court clarified that such notice must be given promptly to allow detainees to exercise those rights before removal occurs.

Read by RJ Dieken.