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The U.S. Supreme Court blocked the Trump administration’s attempt to deport Venezuelan illegal aliens under the 1798 Alien Enemies Act (AEA).
The Court’s unsigned order emphasized that the detainees were not given sufficient time or information to challenge their deportations, with some receiving only 24 hours’ notice without guidance on exercising their legal rights. The justices remanded the case to the 5th U.S. Circuit Court of Appeals to determine the constitutionally required procedures for such deportations.
The ruling was not unanimous. Justices Clarence Thomas and Samuel Alito dissented, arguing that the Supreme Court should not have intervened before lower courts had ruled on the merits. Justice Brett Kavanaugh concurred with the majority but expressed a preference for the Court to resolve the legal issues promptly rather than remanding the case. Justices Neil Gorsuch, Amy Coney Barrett, and Chief Justice John Roberts joined the Court’s liberal justices in the majority, emphasizing concerns about due process and the procedural fairness of rapid deportations under the wartime-era law.
The Trump administration had invoked the AEA following a March proclamation designating the Venezuelan gang Tren de Aragua as a terrorist organization, aiming to expedite the deportation of its alleged members.
BREAKING: The US Supreme Court voted 7-2 to BLOCK the Trump administration from using the Alien Enemies Act to deport Venezuelan illegal alien gang members being held in Texas.
Justices Alito and Thomas dissented. pic.twitter.com/2CyRVRemJX
— Libs of TikTok (@libsoftiktok) May 16, 2025
Critics claimed that the administration’s use of the AEA bypassed due process protections, as detainees were often given minimal notice and limited opportunity to contest their removal. Some federal judges had previously ruled against the administration’s use of the AEA, citing concerns over the lack of procedural safeguards.
The Supreme Court’s decision does not prohibit the government from deporting individuals under other immigration laws that provide for due process. The Court’s focus was on ensuring that any deportations conducted under the AEA adhere to constitutional requirements, particularly regarding notice and the opportunity for judicial review.
As the case returns to the 5th Circuit, the lower court will need to establish the specific procedural protections required for deportations under the AEA. The outcome will affect the administration’s broader immigration enforcement strategies and the balance between national security concerns and perceived individual rights for illegal aliens.
The Supreme Court just betrayed Trump on deporting illegal aliens who are gang members under the Alien Enemies Act.
The Supreme Court has been captured by liberal activists. This is a disgrace! pic.twitter.com/XA7g9EK2QU
— Joey Mannarino 🇺🇸 (@JoeyMannarinoUS) May 16, 2025
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