The US Supreme Court on Friday blocked a bid by the Trump administration to resume deportations of alleged Venezuelan gang members using an obscure wartime law to bypass normal due process.
The 7–2 decision by the nation’s highest court marks another setback for President Donald Trump’s attempts to expel alleged Tren de Aragua gang members under the 1798 Alien Enemies Act (AEA), thereby circumventing the requirement to present evidence of any wrongdoing.
The Supreme Court first intervened on April 19 to block the summary deportations of undocumented Venezuelan migrants to a prison in El Salvador. Trump invoked the AEA in March to deport an initial group of alleged Tren de Aragua members to El Salvador.
In Friday’s unsigned order, the court halted plans to deport another group of detainees held in Texas, stating that the individuals were not being given adequate time to legally challenge their removal.
“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 justices wrote.
They emphasized that the court was not ruling on whether Trump could use the AEA to deport undocumented migrants.
“To be clear, we decide today only that the detainees are entitled to more notice than was given,” they said. “We did not on April 19 — and do not now — address the underlying merits of the parties’ claims regarding the legality of removals under the AEA.”
Conservative justices Clarence Thomas and Samuel Alito dissented.