Supreme Court pauses deportations under Alien Enemies Act in Texas

Published: Friday, May 16, 2025 at 9:24 pm

Supreme Court Halts Deportations Under Alien Enemies Act, Sends Case Back to Lower Court

The Supreme Court has intervened in a case concerning the deportation of individuals under the Alien Enemies Act (AEA), issuing a 7-2 decision that pauses removals and sends the matter back to the 5th Circuit Court of Appeals. The ruling, handed down in a late-night order, specifically addresses the deportation of individuals, primarily Venezuelans, in North Texas.

The core of the dispute revolves around the application of the AEA, a law dating back to 1798, which allows for the rapid deportation of migrants from countries at war with or attempting to invade the United States. The Trump administration invoked the AEA in relation to the Tren de Aragua gang, seeking to deport suspected members.

The Supreme Court's unsigned majority opinion directed the lower court to re-evaluate the case, focusing on the standard preliminary injunction factors and the due process rights of those facing deportation. The court highlighted concerns about the government's ability to return individuals deported in error, citing the case of Kilmar Abrego Garcia, a deported Salvadoran national. The court also criticized the Trump administration's notice procedures, which provided only roughly 24 hours' notice before removal and lacked information on how to contest the deportation.

While the ruling halts deportations under the AEA pending further review, it allows the government to pursue removals under other legal authorities. Justice Brett Kavanaugh, in a concurring opinion, expressed a preference for a more immediate resolution by the Supreme Court. Justice Samuel Alito, joined by Justice Clarence Thomas, dissented, arguing the court lacked jurisdiction in the case.

BNN's Perspective: This Supreme Court decision underscores the complexities of immigration law and the importance of due process. While the AEA provides a legal framework for rapid deportation in specific circumstances, the court's intervention highlights the need for careful consideration of individual rights and the potential for errors. The decision reflects a cautious approach, ensuring that the lower courts thoroughly examine the legal arguments before any deportations proceed. It's a balancing act between national security concerns and the protection of individual liberties.

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