In an unusual late-night ruling, the Supreme Court has intervened to temporarily halt the Trump administration’s efforts to deport a group of Venezuelan men under the Alien Enemies Act. This decision, which saw dissent from two conservative justices, comes amidst ongoing legal battles regarding the application of an 18th-century wartime statute in modern immigration enforcement. The case has been expedited through the judicial system as the administration cites national security concerns.
The court’s decision, which was delivered just before 1 a.m. on Saturday, temporarily bars the deportation of these individuals until further notice. The case is currently pending before the U.S. Court of Appeals for the 5th Circuit, which has labeled any request for a stay as “premature.” The Supreme Court has expressly instructed the government not to deport any members of the group until further decisions are made. Read the full order here.
President Trump’s March 15 executive order, targeting members of the Venezuelan gang Tren de Aragua, employs the Alien Enemies Act. This 1798 statute allows the President to detain or deport nationals of an enemy state without judicial review, contingent upon declarations of war or invasions by Congress. Historically, the law has only been used during the War of 1812, and the two World Wars.
The Venezuelan detainees, anticipating the repercussions of this executive order, filed a legal challenge to their designation under the Act before its issuance. Presiding over the initial case, U.S. District Judge James Boasberg halted their deportation and mandated the return of those already sent abroad. Over 200 individuals had been deported to El Salvador, where they were incarcerated in a high-security facility, pending the legal proceedings.
Subsequently, a Supreme Court ruling on April 7 had imposed new procedural requirements, instructing that habeas corpus petitions should be filed in Texas, where the detainees are held, rather than in Washington, D.C. The court also mandated that detainees be informed on their removal status, facilitating their legal right to challenge such designations.
A ruling on Friday by U.S. District Judge James Wesley Hendrix declined the Venezuelan men’s urgent plea to block their deportation. Despite administration assurances that removals would not occur without notice, the detainees claimed imminent deportation without due notice breach the Supreme Court’s directive. Legal representatives argued the administration’s execution timeline was too abrupt, with notifications in English only, neglected to adequately inform the primarily Spanish-speaking detainees of their rights. Further details of the case can be found here.
The detainees’ legal team, emphasizing the urgency, seeks to maintain the status quo and prevent their removal to a detention facility known for severe conditions, prior to receiving due legal process in the United States. The Trump administration’s reaction to this appeal is expected soon, with the Supreme Court potentially responding to their application at any time.
The resolution of this case remains uncertain, set against the broader question of judicial versus executive powers in managing sensitive national security and immigration issues.