A federal judge on Friday said he cannot stop deportations under the Alien Enemies Act, although the Supreme Court has halted deportations for now.
U.S. District Court Judge James Boasberg said he could not grant the American Civil Liberties Union an emergency order it wanted to stop deportations.
The ACLU wanted to force the administration to give everyone scheduled to be deported 30 days to challenge the proceedings.
“I’m sympathetic to everything you’re saying,” Boasberg said, according to Newsweek.
“I just don’t think I have the power to do anything about it,” he said, noting in part that he lacks the authority to issue a nationwide temporary restraining order.
The Trump administration’s use of the 1798 law to deport members of the Venezuela-based Tren d-Aragua gang has been challenged by supporters of illegal immigrants who say the law violates their due process rights.
The Supreme Court has ruled that the government has the power to use the law as a basis for deportations, but it must allow those being detained a chance to challenge being deported.
On Friday, Deputy Assistant Attorney General Drew Ensign said no immediate deportations were in the works.
“I’ve spoken with [Department of Homeland Security]; they are not aware of any current plans for flights tomorrow,” he said. “But I have also been told to say that they reserve the right to remove people tomorrow.”
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However, that option went away early Saturday when the Supreme Court issued an order barring the administration from deporting a group of illegal immigrants in Texas who say they have been targeted for removal, according to CNN.
“The government is directed not to remove any member of the putative class of detainees from the United States until further order of this court,” the order said.
Justices Samuel Alito and Clarence Thomas dissented from the order.
Attorneys for the Venezuelans in the Texas case said their clients did not get enough notice of their removal.
At Friday’s hearing before Boasberg, ACLU attorney Lee Gelernt said the notice migrants are receiving is not sufficient, and only came 24 hours before their potential removal.
Ensign responded that the Supreme Court order required illegal immigrants to receive notice and not be invited to challenge their deportation, which he said they can do under an existing process.
“I certainly think the notice is very troubling,” Boasberg said, saying he doubted the notice met the Supreme Court’s standard.
“But I don’t think I have the ability to grant relief,” he said
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