by Supreme Court Temporarily Blocks Trump’s Use of 1798 Law to Deport Venezuelan Immigrants
The Supreme Court on Friday halted former President Donald Trump’s efforts to deport a group of Venezuelan immigrants in northern Texas under the 1798 Alien Enemies Act. The decision sided with the migrants, who feared they were at risk of being swiftly removed under this old wartime law.
Two conservative justices, Clarence Thomas and Samuel Alito, publicly disagreed with the ruling.
Court Criticizes Government’s Approach
The court’s unsigned opinion was sharply critical of how the government tried to carry out the deportations, and it also questioned how U.S. District Judge James Hendrix had previously handled the case.
In its decision, the court brought up a similar past case involving Kilmar Abrego Garcia, a Maryland man wrongly deported to El Salvador. The Trump administration admitted it couldn’t bring him back, highlighting the high stakes involved in potential deportation errors.
This ruling is a temporary blow to Trump, who has been pushing to use the Alien Enemies Act to speed up deportations without the usual legal checks. However, the larger legal battle over his authority to do so is still playing out in federal courts.
The Supreme Court sent the case back to the 5th U.S. Circuit Court of Appeals to review key legal questions—like whether Trump’s use of the act is lawful and how much notice migrants should receive before being deported.
The justices emphasized that because deportation could be permanent, the affected individuals’ rights must be carefully considered before any removal takes place.
Lower Courts Struggle With Implementation
The Supreme Court’s decision comes as lower courts across the country deal with legal challenges to Trump’s use of the Alien Enemies Act. An earlier Supreme Court order required lawsuits to be filed in separate district courts rather than as a single national case.
Federal judges in Texas, Nevada, Colorado, and other states have issued temporary orders blocking the law’s use while these challenges are reviewed. Some courts have even issued more lasting rulings against it. Notably, a Trump-appointed judge in southern Texas ruled on May 2 that Trump had unlawfully invoked the law.
Trump first triggered the Alien Enemies Act in March, targeting members of a Venezuelan gang known as Tren de Aragua. Acting quickly, the administration flew hundreds of Venezuelan immigrants to El Salvador, where they remain.
When lower courts paused further deportations, the Trump administration asked the Supreme Court in late March to let the process resume, citing national security concerns. On April 7, the court issued an unclear, unsigned order allowing Trump to continue using the law. At the same time, it blocked civil rights groups from using one specific legal tactic to try to stop the policy entirely.
However, the court also ruled that migrants had the right to be notified and to challenge their deportation through habeas corpus—a legal process for people who believe they’re being held unlawfully. This marked a partial win for the migrants.
The ACLU, representing the immigrants, quickly filed several habeas petitions to protect not just named individuals but all similarly situated Venezuelans. Federal judges in New York and Texas then issued new temporary blocks on deportations while reviewing those cases.
These rulings only applied in the specific geographic areas of each court.
Detained Venezuelans in Texas Receive Sudden Notices
In April, immigrant advocates said several Venezuelan detainees in northern Texas—who weren’t covered by previous orders—began receiving last-minute deportation notices. Some at the Bluebonnet Detention Center in Anson, Texas, were told they could be removed in less than 24 hours.
The ACLU criticized these notices, saying they didn’t give migrants enough time or information to challenge their deportation, despite the court’s earlier requirement for fair notice.
Two of those immigrants filed a petition in Abilene, Texas, seeking to stop their own removal and protect others at Bluebonnet. Judge Hendrix denied the request, pointing out that the government claimed it had no plans to deport them immediately.
Supreme Court Steps In Again
The case returned to the Supreme Court, which issued a ruling early on April 19 blocking the government from deporting any of the Venezuelan detainees in Texas for the time being. The justices said the administration’s 24-hour notices failed to meet legal standards, as they lacked basic instructions on how migrants could fight their deportation.
The court sent the case back to the 5th Circuit Court of Appeals for a more thorough review, stating that the lower court had wrongly dismissed the migrants’ appeal.
“This ruling essentially keeps the temporary freeze in place,” said CNN legal analyst and Georgetown Law professor Steve Vladeck. “Since lower courts have blocked the law’s use elsewhere, this means all deportations under the Alien Enemies Act are on hold until the courts decide if they’re legal and what process is owed.”
The justices also criticized Judge Hendrix—appointed by Trump—for how he handled the case. They pointed out that his 14-hour delay in acting on the migrants’ emergency request had the real effect of denying them protection.
Dissenting Opinions and Calls for Quick Resolution
Justice Alito, joined by Justice Thomas, issued a strong 14-page dissent. He argued the Supreme Court shouldn’t have stepped in so early and accused it of overstepping by guiding the appeals court before the case was fully handled in district court.
Alito wrote that the court was expanding its powers unnecessarily, saying it had taken a case away from the lower court and made important decisions prematurely.
Meanwhile, Justice Brett Kavanaugh agreed with the majority decision but said the Supreme Court should fully take up the case now, not later. “This situation needs a quick and final answer,” he wrote.
Kavanaugh’s comments came just a day after the court discussed another Trump immigration policy—his effort to end birthright citizenship—which also came to the court on an emergency basis.
The Justice Department has not yet responded to the ruling.
Trump reacted on social media, writing, “The Supreme Court WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY” in response to the court’s decision.
