Trump’s Alien Enemies Deportations Plan Blocked

The US Supreme Court has blocked President Donald Trump from proceeding with deportations under the 1798 Alien Enemies Act for a group of immigrants in northern Texas. The court’s decision sides with Venezuelans who feared imminent removal under the sweeping wartime authority. This ruling is a significant loss for Trump, who aims to utilize the law to expedite deportations and avoid the usual review process before removing individuals from the country.

The court’s unsigned opinion criticized the Trump administration’s handling of removals, stating that the government’s approach did not “pass muster.” Specifically, the justices pointed to the 24-hour notice period, which was “devoid of information about how to exercise due process rights to contest that removal.” The court also referenced a previous case involving Kilmar Abrego Garcia, a Maryland man mistakenly removed to El Salvador, highlighting the gravity of ensuring correct legal decisions before potentially permanent removals.

Key Points from the Ruling

• Temporary Nature of the Decision: The ruling is temporary, and the underlying legal fight over the president’s invocation will continue in multiple federal courts.
• Notice and Due Process: The court emphasized the importance of adequate notice and due process for migrants facing deportation.
• Appeals Court Review: The case has been sent back to the New Orleans-based 5th US Circuit Court of Appeals for further review.

Dissenting and Concurring Opinions

Justices Clarence Thomas and Samuel Alito publicly noted their dissent, arguing that the high court had wrongly intervened at this time. Alito criticized the court for “blazing a new trail” and overstepping its jurisdiction. In contrast, Justice Brett Kavanaugh agreed with the court’s decision but would have taken up the case in full, citing the need for a prompt and final resolution.

Impact and Future Developments

The decision effectively extends the temporary freeze on Alien Enemies Act removals from the Northern District of Texas, put in place on April 19. According to Steve Vladeck, CNN Supreme Court analyst, this ruling pauses all removals under the act until the 5th Circuit and potentially the Supreme Court itself conclusively resolve the legal issues.

Lower courts across the country are wrestling with Trump’s implementation of the Alien Enemies Act, with several courts issuing orders blocking the administration from relying on the law. A Trump-appointed judge in Southern Texas ruled on May 2 that the president had unlawfully invoked the Alien Enemies Act. The American Civil Liberties Union has filed habeas lawsuits to protect identified migrants and similarly situated Venezuelans who could be targeted under the act.