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The U.S. Supreme Court has temporarily blocked the Trump administration from deporting a group of Venezuelan migrants under the Alien Enemies Act, an 18th-century wartime law. Here’s an explainer on what this means and what might happen next:
What Is the Alien Enemies Act?
The Alien Enemies Act is part of the Alien and Sedition Acts of 1798, allowing the president to detain or deport non-citizens from hostile nations during times of war or national emergency.
President Donald Trump invoked the law to deport migrants, citing national security concerns, particularly linking detainees to the Venezuelan gang Tren de Aragua, the US media reported.
How Did the Supreme Court Intervene?
In a rare overnight order early Saturday, the Supreme Court blocked the administration from deporting a group of Venezuelan migrants detained in Texas.
According to CNN, the court stated, “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.”
Justices Clarence Thomas and Samuel Alito reportedly dissented, but the court did not elaborate on its reasoning.
Why Is This Important?
Reports suggest this is the second time in two weeks that the Supreme Court has been asked to intervene in the litigation over the use of the Alien Enemies Act.
The court’s earlier 5-4 ruling, the report said, was “opaque” and allowed both sides to claim victory, which in turn led to legal confusion and another urgent appeal.
The current order prevents deportations temporarily, giving the court more time to decide on broader questions about due process and legal standards for deportation under the Act, the report said.
How Has the Trump Administration Responded?
In its reply to the court Saturday, the Justice Department reportedly requested permission to deport some migrants under alternative immigration laws instead of the Alien Enemies Act.
According to CNN, U.S. Solicitor General D. John Sauer wrote, “The government has agreed not to remove pursuant the AEA those AEA detainees who do file habeas claims.”
He also urged the court to let lower courts handle the matter, reportedly saying the case moved too quickly for facts to be properly established.
What Is the Government Arguing?
The Trump administration has contended that even if the Alien Enemies Act is paused, it should retain the authority to deport the same individuals under existing immigration statutes, the report said.
What are the Legal Issues at Stake?
Due process: Critics have argued that the Alien Enemies Act allows the government to circumvent normal legal protections, such as notice and the right to challenge deportation.
Evidence concerns: The administration, reports suggest, has relied on tattoos and clothing to justify gang affiliations — evidence that legal experts have called “tenuous”.
Jurisdictional clarity: Multiple cases are unfolding in New York, Texas and Colorado, and the Supreme Court’s intervention points towards potential implications for immigration law and executive power.
What Happens Next?
The Supreme Court will likely issue further guidance in the coming days or weeks, the report said, adding that Justice Alito is expected to explain his dissent soon.
The White House, for now, appears focussed on defending its stance, with White House press secretary Karoline Leavitt reportedly saying, “President Trump promised the American people to use all lawful measures to remove the threat of terrorist illegal aliens. We are confident in the lawfulness of the administration’s actions.”
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