-aea

There have been sharp questions over the legality of the AEA invocation in the first place.

With the Supreme Court issuing an opinion overturning Boasberg’s temporary restraining order on Monday, these AEA renditions seem likely to continue.

Trump’s AEA invocation is putatively a legal justification for the actual deportations, if an extraordinarily thin one.

Lee Gelernt, who is heading up the ACLU’s litigation against the use of AEA, said in an email to Slate that “there’s no authority under the immigration laws to send non-Salvadorans to a notorious prison in El Salvador, nor can the Alien Enemies Act be used against anyone during peacetime.’

"For all the rhetoric of the dissents, today’s order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal," they wrote.