WASHINGTON — The Supreme Court delivered a late-night order Saturday temporarily blocking the Donald Trump administration from deporting a group of Venezuelan migrants under the rarely used Alien Enemies Act. The decision marks a new twist in the ongoing legal battle over the administration's push for rapid removals.
The unsigned order came just two weeks after the high court issued a previous ruling that allowed the administration to continue using the 1798 wartime law but stated migrants were entitled to notice and a chance to challenge their removal through habeas corpus petitions. Critics had argued the administration sought to bypass standard due process protections.
Migrant advocates filed an emergency appeal with the justices this week, asserting that dozens of migrants in Texas faced imminent deportation despite receiving notices in English they could not read and with no clear information on how to seek judicial review.
The court's brief order offered no explanation for its reasoning. It directed the administration not to remove anyone from the group until a further order is issued and required a response from the government “as soon as possible.”
The Trump administration responded quickly, urging the court to lift the temporary block. Solicitor General D. John Sauer argued the case needed more time for lower courts to develop a factual record regarding the notice provided to migrants.
Administration officials maintain they are using lawful measures to remove dangerous individuals, specifically alleging ties to the Tren de Aragua gang. White House press secretary Karoline Leavitt stated the administration is confident in its actions and expects to prevail against what she termed "meritless litigation brought by radical activists."
Previously, the administration had used the law to quickly deport more than 200 men to El Salvador, a move that drew fire when the government admitted one Salvadoran immigrant was removed by mistake.
Justice Samuel Alito sharply dissented from Saturday's order, joined by Justice Clarence Thomas. Justice Alito criticized the court for issuing relief "literally in the middle of the night" within hours of receiving the appeal, without hearing from the opposing party or providing explanation. He questioned the factual basis for the perceived urgency.
The administration also asked the court to clarify its order, seeking permission to remove migrants under standard immigration laws even if restricted from using the Alien Enemies Act.
The case highlights the tensions between the executive branch's immigration enforcement goals and the judiciary's role in ensuring due process, particularly as lower courts grapple with the fallout from the high court's earlier opaque ruling allowing the Alien Enemies Act's use.
