OAN Staff Sophia Flores
2:39 PM –Friday, May 16, 2025
The Supreme Court of the United States (SCOTUS) has yet again blocked President Donald Trump’s efforts to move forward with quicker deportations — under the 1798 Alien Enemies Act.
SCOTUS has now intervened twice to block the GOP administration’s attempts to utilize the Alien Enemies Act (AEA) of 1798 for expedited deportations of illegal foreign nationals.
On Friday, the court ruled in a 7-2 vote, saying that the Trump administration “violated due process rights of Venezuelan immigrants” in its effort to remove them from the United States last month while utilizing the wartime law.
The only two justices to dissent the court’s order, ruling in favor of Trump, were Justices Samuel Alito and Clarence Thomas.
The Trump administration has argued that the illegal immigrants in question are members of the vicious Venezuelan crime gang Tren de Aragua (TdA), citing the men’s social media posts, specific tattoos, among other gang-related “indicators.” Republicans have also worked to deport the gang members to CECOT, the notorious mega-prison in El Salvador, which is known for housing some of the world’s most dangerous criminals.
Nonetheless, in its ruling, SCOTUS emphasized that individuals must be “given a fair opportunity to contest their removal,” including receiving reasonable notice and access to legal proceedings.
While SCOTUS extended its pause on AEA removals from South Texas, where the migrants are currently detained, it did not determine whether or not the Trump administration may ultimately carry out removals using the AEA.
The justices sent the case back to an appeals court for the Fifth Circuit court to decide whether or not Trump’s move is considered legal. Additionally, the appeals court will also determine how much notice immigrants who are under the act should be able to receive.
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