The US Supreme Court on Friday temporarily stopped former President Donald Trump’s bid to deport a group of immigrants in northern Texas under the 1798 Alien Enemies Act, siding with Venezuelan migrants who feared imminent removal. The court said the deportations must not go forward without full legal review, which is a blow to Trump’s bid to circumvent regular deportation procedures.
The ruling returns the case to the 5th US Circuit Court of Appeals, which will have to consider the legality of Trump’s deployment of the centuries-old wartime measure and decide what standard of due process is owed to those who are targeted under it. Although the ruling halts deportations for the moment, the larger legal fight is ongoing.
Conservative Justices Samuel Alito and Clarence Thomas dissented, with Alito accusing the court of jumping in too soon. Justice Brett Kavanaugh concurred with the court’s action but disagreed that the case should be appealed and disposed of quickly by the Supreme Court itself.
The unsigned opinion of the court condemned the government’s 24-hour notice of deportation, which did not specify how migrants might appeal their removal, as inadequate. It also mentioned the erroneous deportation of Kilmar Abrego Garcia to El Salvador, citing the irreversible damage of such errors.
The ruling added to a previous freeze on deportations from Texas and, in combination with other lower-court blocks, has essentially put the use of the Alien Enemies Act nationwide on hold.
The Supreme Court also criticized District Judge James Hendrix, a Trump appointee, for taking more than 14 hours to act on the emergency appeal, permitting deportations to go forward.
Trump answered on Twitter, arguing the court’s ruling bars criminals from being deported from America. The Justice Department still has not issued an official statement.
