Supreme Court blocks Trump from using Alien Enemies Act for deportations

 May 17, 2025

President Donald Trump and his administration have had pretty solid luck with U.S. Supreme Court decisions since he took office, but they suffered a major setback recently regarding the deportation of Venezuelan gang members.

The Daily Caller reported that the high court maintained a block on the administration deporting the gang members through the Alien Enemies Act, upholding a previous court ruling that's causing quite an issue for the White House. 

The Supreme Court shocked Republicans with the ruling, voting 7-2 to maintain the block on the deportations.

The Trump administration wanted to use the centuries-old law to expedite deportations of the Venezuelan gang members that have wreaked havoc on United States streets and neighborhoods.

What happened?

The decision marked a major blow to Trump's efforts to expedite the deportations.

CNN noted:

The justices sent the case at issue back to an appeals court to decide the underlying questions in the case, including whether the president’s move is legal and, if it is, how much notice the migrants targeted under the act should receive.

Reliable conservative justices Clarence Thomas and Samuel Alito both publicly dissented.

Newsweek noted:

Alito accused his fellow justices of "a mischaracterization" of events leading up to the request for injunctive relief and offered a reinterpretation of those events. He stressed that in his view, "the Federal Rules do not permit such a shortcut" in regards to how the court certified a class of plaintiffs to resist the AEA use.

The Supreme Court's decision this week was the full ruling after issuing a temporary ruling back in April.

Newsweek added:

Part of Alito's dissent took issue with the class of Venezuelan migrants at question, accusing his fellow justices of preferring to "ignore the important step of class certification and skip directly to the adjudication of the class members' rights."

Alito's dissent

The conservative justice held nothing back in his dissent.

"The Federal Rules do not permit such a shortcut," Alito wrote.

He added, "Instead of merely ruling on the application that is before us—which asks for emergency relief pending appeal—the Court takes the unusual step of granting certiorari before judgment, summarily vacating the judgment below dismissing the applicants' appeal, and remanding the case to the Court of Appeals with directions regarding the issues that court should address."

"From the Court's order, it is not entirely clear whether the Court has silently decided issues that go beyond the question of interim relief," he wrote, adding, "(I certainly hope that it has not.) But if it has done so, today's order is doubly extraordinary."

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