In a significant legal development, the Supreme Court issued an order that stymies the Trump administration's push for rapid deportations of suspected gang members under the Alien Enemies Act, a law dating back to 1798. On Friday, the Court ruled against the immediate removal of a group of Venezuelan migrants detained in Texas, ensuring they remain stateside as lower courts review the notification procedures required prior to deportation.
This latest judicial move builds on a similar order from April 19, which also put a halt to expedited deportations under the centuries-old statute. Initially crafted during a time of war, the Alien Enemies Act had been invoked by the Trump administration earlier this year to accelerate the deportation process. However, the Supreme Court's majority highlighted that their decision did not tackle the broader legal questions concerning the removals under the Act. Instead, the focus was strictly on the procedural aspect — ensuring migrants are given notice before being deported, as reported by the New York Post.
The Trump administration's strategy to prioritize the deportation of suspected gang members, including those allegedly from Tren de Aragua and MS-13, is part of a wider immigration enforcement plan. However, the Supreme Court's ruling emphasizes that while the government retains the power to deport these individuals, it must follow legal channels that afford the migrants prior notice and the chance to contest their removal in court.
Conservative Justices Samuel Alito and Clarence Thomas dissented from the majority order, raising concerns about the Court's procedural handling of the case. Justice Alito, in particular, criticized the Court for its premature involvement, suggesting that it should have allowed the lower courts to address the substantive issues first. He described the intervention as "doubly extraordinary" and a deviation from standard judicial practice.
Justice Brett Kavanaugh, while concurring with the majority, called for a quick and decisive resolution. He advocated for the Supreme Court to address the full legal questions directly, recommending expedited briefing and oral arguments to resolve the matter promptly. Kavanaugh noted the urgency highlighted by both the Executive Branch and the detainees in seeking a speedy ruling from the highest court.
With no clear timeline established by the ruling, the duration of the migrants' stay in the United States remains uncertain as lower courts deliberate on the Alien Enemies Act's notification requirements. This decision marks another check by the judiciary on the Trump administration's attempt to use an archaic law for expedited deportations. As the case advances through the lower courts, the balancing act between national security concerns and due process rights for detained migrants continues to be a central point of contention.
