On Tuesday, the Supreme Court of the United States did just that. They granted a request from Venezuelan nationals, thereby effectively blocking their removal from the country under the controversial Alien Enemies Act. In a landmark 7-2 decision, the Court slapped down the Trump administration’s efforts to deport these people. They are said to have ties to the criminal organization Tren de Aragua. The justices left undisturbed whether the Alien Enemies Act was used correctly in this particular case. Rather, they passed the buck on that judgment to one of the lower federal appellate courts.
The decision stemmed from nationwide protests against the Trump administration’s handling of detainees as part of its immigration agenda. As the Supreme Court pointed out, in many cases, the government didn’t provide anywhere close to 24 hours for those facing deportation. Consequently, these people have an even tougher time fighting their removals. In their ruling, the justices underscored this vital urgency to defend the rights of Venezuelans. Hence their interests should hold more weight than ever in the face of all that hardship.
President Donald Trump had invoked the Alien Enemies Act in mid-March, arguing that members of Tren de Aragua were “perpetrating an invasion” and were “chargeable with actual hostility against the United States.” The government’s attempt to deport these individuals took a formal step forward in mid-April when it began implementing removal proceedings.
The Supreme Court unanimously held that the Trump administration had given detainees as little as 24 hours’ notice before their removal. Additionally, they found that detainees were not provided with sufficient guidance on how to exercise their due process rights. The majority opinion stated:
“Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.”
Everyone understood the government’s national security interests. At least in spirit, they emphatically argued that these important interests must be balanced against constitutional protections. The justices stressed the need for lower courts to expedite cases involving the Alien Enemies Act in light of ongoing concerns about detainee rights.
Justice Samuel Alito and Justice Clarence Thomas joined the dissenting opinion. Alito was particularly blistering in dissent on the majority’s description of lower court practice. He stated:
“The Court characterizes the District Court’s behavior during the period in question as ‘inaction,’ but in my judgment, that is unfair.”
The suit additionally named Kilmar Abrego Garcia, a particular man who was wrongly deported to El Salvador. In response, the government claimed it was unable to secure Garcia’s return. This statement, unfortunately, begs further questions about what such deportations would mean under current laws.
So, as it played out, the U.S. Supreme Court has intervened. For now, the appeals court has indefinitely put the deportation of Venezuelan nationals on hold pending lower appellate review. This ruling underscores the considerable discussions around national security and immigration policy. It especially impacts vulnerable populations fleeing violence and persecution for safety in the United States.
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