Supreme Court Blocks Donald Trump Deportations Under Alien Enemies Act

In the early hours of Saturday, the Supreme Court instructed the Trump administration to pause the deportation of a number of Venezuelan men in custody using a 1798 law traditionally only applied in wartime.

Newsweek contacted the White House press office for comment on Saturday via email outside of regular office hours.

Why It Matters

With Republicans enjoying a slim majority in both the House and Senate, the courts have arguably become the main avenue for frustrating Trump administration policy, which has seen a number of its proposals blocked or suspended.

Notably, Saturday's ruling was made by the Supreme Court, which thanks to appointments made during Trump's first term, has six conservative leaning justices against three liberals.

What To Know

The Trump administration had been seeking to deport several Venezuelan men it accused of being members of Tren de Aragua, a criminal group it has designated as a terrorist organization, using powers contained in the 1798 Alien Enemies Act.

In its ruling, the Supreme Court suspended this bid, writing: "The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court."

Two of the conservatives on the court, Justices Clarence Thomas and Samuel Alito, said they dissented from this opinion.

According to Reuters, on Friday, the American Civil Liberties Union (ACLU) filled an urgent request to the Supreme Court following reports some men had been placed on buses and were about to be deported.

During the hearing on Friday, a government lawyer said they weren't aware of plans to deport the men that day, but that this could happen on Saturday.

On April 7, the Supreme Court ruled 5-4 that the Trump administration could use the 1798 Alien Enemies Act to deport alleged Tren de Aragua members, but only if judicial review could take place.

They said: "The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs."

Trump invoked the Alien Enemies Act, the same power used to intern Japanese, German and Italian nationals during the Second World War, on March 15 targeting Tren de Aragua members.

Earlier this month, the Supreme Court instructed the Trump administration to "facilitate" the return to the U.S. from El Salvador of Kilmar Abrego Garcia, who ICE said was deported due to an "administrative error." White House press secretary Karoline Leavitt responded that Garcia would "never live in the United States of America again."

Abrego Garcia was arrested in 2019 and accused of being a member of the MS-13 gang, which the Trump administration has designated a foreign terrorist organization.

What People Are Saying

In its ruling, the Supreme Court said: "There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit.

"Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible. The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court."

In its injunction, the UCLA said: "There must be sufficient time for individuals to seek review. As during World War II, that notice must be at least 30 days in advance of any attempted removal."

Speaking to NPR ahead of Saturday's ruling, Assistant Secretary of Homeland Security Tricia McLaughlin said: "We are not going to reveal the details of counter terrorism operations, and we are complying with the Supreme Court's ruling."

What Happens Next

Saturday's ruling suspended deportation of alleged Tren de Aragua members, rather than banning it outright, raising the prospect this could go ahead if the Trump administration provides further legal assurances.