Supreme Court rules Trump admin must give Venezuelan gang members more time to challenge deportation

Daily News Article — Posted on May 19, 2025

(by Samuel Chamberlain, NY Post) – President Trump cannot use the Alien Enemies Act to quickly deport a group of suspected Venezuelan gang members currently being held in Texas, the Supreme Court ruled Friday.

In an unsigned order, the justices ruled that the South Americans should remain in the US while lower courts decide how far in advance migrants must be informed of their removal.

Friday’s ruling follows an April 19 order that also blocked quick deportations under the Alien Enemies Act, invoked by the administration earlier this year.

“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 [Alien Enemies Act],” the majority opinion read, noting at the very end that the government could still deport the migrants “under other lawful authorities.”

However, those removals would typically require notice and a chance to challenge their deportation in court.

The Trump has made deporting alleged gang members from the U.S. a top priority. via REUTERS

Conservative Justices Samuel Alito and Clarence Thomas noted their dissents from the order, while Justice Brett Kavanaugh authored a brief concurring opinion.

“From the Court’s order, it is not entirely clear whether the Court has silently decided issues that go beyond the question of interim [temporary] relief. (I certainly hope that it has not.),” Alito wrote. “But if it has done so, today’s order is doubly extraordinary. Granting certiorari before a court of appeals has entered a judgment is a sharp departure from usual practice, but here neither the Court of Appeals nor the District Court has decided any merits questions.”

“The circumstances call for a prompt and final resolution, which likely can be provided only by this Court,” Kavanaugh warned. “At this juncture, I would prefer not to remand to the lower courts and further put off this Court’s final resolution of the critical legal issues. Rather, consistent with the Executive Branch’s request for expedition [speed]—and as the detainees themselves urge—I would grant certiorari, order prompt briefing, hold oral argument soon thereafter, and then resolve the legal issues.”

This is a developing story.

Supreme Court Justices Samuel Alito (left), Clarence Thomas (center) and Brett Kavanaugh (right)

Published at NYPost on May 16. Reprinted here for educational purposes only. May not be reproduced on other websites without permission.

Background

The Alien Enemies Act of 1798:

On the campaign trail prior to the election, Trump pledged to “invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal network operating on American soil.” ...It is a sweeping law that, when invoked, grants the president extraordinary power.
In his inaugural address on Jan. 20, President Trump said, “I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to U.S. soil.”
On his first day in office, Trump signed 10 border-related executive actions, including an executive order that states that the president may invoke the Alien Enemies Act to stop “any invasion or predatory incursion against the territory of the United States by a qualifying actor.”
The Alien Enemies Act permits the government to detain and expel without a hearing most citizens of a nation deemed a threat to U.S. security, based solely on their country of birth or citizenship.
The President's order says violence stemming from drug cartels and transnational gangs — such as the Venezuelan gang Tren de Aragua—threatens U.S. security.
It states that in certain portions of Mexico, cartels “function as quasi-governmental entities, controlling nearly all aspects of society.”

From a user post on X:

The Alien Enemies Act does not require notification:

"The Alien Enemies Act of 1798 (50 U.S.C. § 21-24) does not explicitly require notification to individuals being deported under its provisions.

The Act grants the President broad authority to detain, relocate, or deport "all natives, citizens, denizens, or subjects" of a hostile nation or government during a declared war or when there is a credible threat of invasion or predatory incursion.

The language focuses on executive action — such as apprehension, restraint, or removal — without mandating specific procedural requirements like formal notification to those targeted."