Supreme Court Deals New Blow to Donald Trump on Immigration
By Dan Gooding and Gabe Whisnant
The Supreme Court on Friday denied the Trump administration's request to swiftly resume deportations of Venezuelan nationals under the Alien Enemies Act, an 18th-century wartime law.
In a 7-2 decision, the justices rejected the emergency appeal filed by administration lawyers seeking to remove Venezuelan men accused of gang affiliations, an allegation the administration says qualifies them for expedited deportation under the rarely used 1798 statute.
Newsweek reached out to the U.S. Department of Justice via contact form and the American Civil Liberties Union, which brought the original suit, via email for comment.
Why It Matters
President Donald Trump invoked the Alien Enemies Act (AEA) in March, on the basis that the United States is under alien invasion due to immigration. The order was aimed at alleged members of the Venezuelan gang Tren de Aragua, allowing for swift removals without court hearings.
Trump and Justices
President Donald Trump greets Supreme Court Justices (L-R) Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett at the U.S. Capitol on March 4, 2025. Associated Press
What To Know
The Court had previously paused AEA deportations to El Salvador's high-security CECOT prison in a late-night order last month, temporarily blocking removals from a detention center in North Texas.
Friday's decision, in which conservative Justices Clarence Thomas and Samuel Alito dissented from the majority, also related to those being held in Texas. Conservative justices John Roberts, Brett Kavanaugh, Amy Coney Barrett, and Neil Gorsuch joined the liberal justices in the unsigned order.
In their decision, the justices sent the case back to an appeals court to decide on the underlying issue of the use of the Alien Enemies Act, while calling out the federal government over the time frame given to plaintiffs to launch legal challenges to their imminent deportations.
"Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster," the unsigned ruling said.
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At least three federal judges have said Trump was improperly using the AEA to speed deportations of people the administration says are Venezuelan gang members.
On Tuesday, a judge in Pennsylvania signed off on the use of the law.
The court-by-court approach to deportations under the AEA flows from another Supreme Court order that removed a case from a judge in Washington, D.C., and ruled that detainees seeking to challenge their deportations must do so where they are held.
The justices said in April that people must be given "reasonable time" to file a challenge. The court has rejected the 12 hours the administration has said would be sufficient, but has not otherwise spelled out how long it meant.
Other courts have sought to enforce longer time frames for immigrants to file challenges, with at least two judges calling for 21 days, rather than the current 12-24 hours.
U.S. District Judge Stephanie Haines ordered immigration officials to give people 21 days in her opinion, in which she otherwise said deportations could legally take place under the AEA.
The Supreme Court also clarified on Friday that it was not blocking other ways the government may deport people.
Earlier on Friday, Trump posted on Truth Social, criticizing the court after it heard oral arguments on his attempt to amend birthright citizenship. Justices appeared skeptical of the idea of limiting the scope of the 14th Amendment while also leaning toward limiting lower court powers.
What People Are Saying
The Supreme Court Justices, in an unsigned opinion: "We recognize the significance of the Government's national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution."
President Donald Trump, on Truth Social: "The Supreme Court is being played by the radical left losers, who have no support, the public hates them, and their only hope is the intimidation of the court, itself. We can't let that happen to our country!"
What Happens Next
The Trump administration continues to face other legal challenges to its use of the Alien Enemies Act and the bypassing of due process for immigrants fighting deportation.
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