The Supreme Court stated earlier this month that the Trump administration could continue deporting suspected Venezuelan gang members under the Alien Enemies Act in a 5-4 ruling.
But that prisoners must be given the opportunity to contest their removal.
“This Court continues to have jurisdiction over all class members’ claims that adequate notice is required under the Supreme Court’s ruling.
The AEA, and due process—whether those individuals are in immigration custody, in criminal custody, or not detained,” the attorneys for the ACLU stated.
The brief also states that they intend to resubmit over 100 habeas claims for the prisoners deported on March 15 in D.C.
