Supreme Court rules against Trump administration in Alien Enemies Act case

[BumRushDaShow]

Source: CNBC

Published Fri, May 16 2025 4:01 PM EDT | Updated 5 Min Ago


The Supreme Court on Friday granted a request by Venezuelan nationals seeking an injunction against their removal from the United States under the Alien Enemies Act. In a 7-2 decision, the court said the Trump administration had not given the detainees enough time or adequate resources to challenge their deportations.

“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,” the ruling said. The justices barred the removal of the men, who the Trump administration alleges are members of the Venezuelan gang Tren de Aragua, pending a new decision from a lower federal appellate court.

They acknowledged that the Venezuelans’ interests are “particularly weighty,” noting that the government is currently arguing that it cannot “provide for the return” of Kilmar Abrego Garcia, “an individual deported in error to a prison in El Salvador.”

The court did not rule on whether the Alien Enemies Act, which the Trump administration invoked in mid-April to deport the detainees, had been applied correctly. “To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18,” their ruling said.

Read more: https://www.cnbc.com/2025/05/16/supreme-court-alien-enemies-venezuela-deportation.html

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Link to DECISION (PDF) - https://www.supremecourt.gov/opinions/24pdf/24a1007_g2bh.pdf

Article updated.

Previous articles -

Published Fri, May 16 2025 4:01 PM EDT | Updated Moments Ago


The Supreme Court on Friday granted a request by Venezuelan nationals seeking an injunction against their removal from the United States under the Alien Enemies Act. In an unsigned decision, the court said the Trump administration had not given the detainees enough time or adequate resources to challenge their deportations.

"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," the ruling said.

The court did not rule on whether the Alien Enemies Act, which the Trump administration invoked in mid-April to deport the detainees, had been applied correctly. "To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18," their ruling said.

The justices noted they were granting only temporary relief while the case returns to a lower federal appellate court sorts out the question of how much notice is due to those being targeted for removal.


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Published Fri, May 16 2025 4:01 PM EDT Updated 1 Min Ago


The Supreme Court on Friday granted a request by Venezuelan nationals seeking an injunction against their removal from the United States under the Alien Enemies Act.


This is breaking news. Please refresh for updates.

Original article -

Published Fri, May 16 2025 4:01 PM EDT


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[LetMyPeopleVote]

1. Supreme Court blocks Trump from restarting Alien Enemies Act deportations

This makes me smile
https://bsky.app/profile/trinnab.bsky.social/post/3lpct4hri3c26

Link to tweet

https://www.cnn.com/2025/05/16/politics/supreme-court-alien-enemies-act?cid=external-feeds_iluminar_google

The Supreme Court on Friday blocked President Donald Trump from moving forward with deportations under the 1798 Alien Enemies Act for a group of immigrants in northern Texas, siding with Venezuelans who feared they were poised for imminent removal under the sweeping wartime authority.

The decision is a significant loss for Trump, who wants to use the law to speed deportations – and avoid the kind of review normally required before removing people from the country. But the decision is also temporary and the underlying legal fight over the president’s invocation has continued simultaneously in multiple federal courts across the country.

The justices sent the case 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.

Two conservative justices – Clarence Thomas and Samuel Alito – publicly noted their dissent.

This story is breaking and will be updated.

[eggplant]

2. Fucking Alito and Thomas can't drop dead soon enough.

Although that would give Voldemort two more seats to fill. Crap.

[bluestarone]

3. Yea not the right time for them to drop dead.

We don't need cannon there. (although i'm betting she WILL be before TSF leaves office)

[muriel_volestrangler]

4. Mark Joseph Stern: Donald Trump's Attempt to Destroy Due Process Ran Into a Wall at the Supreme Court

In all, the ruling marks an astonishing defeat for the Trump administration. The court did not decide whether the president can, in fact, wield the Alien Enemies Act to banish migrants to a foreign prison. But it imposed vital constitutional safeguards on his efforts to do so, protecting more innocent people from unlawful expulsion and imprisonment overseas. And the court did all this on an exceptionally expedited basis, with minimal briefing and no argument. For the majority, it was not a close call: The government’s attempt to disappear migrants to a foreign black site is egregiously unconstitutional.
...
In its new, unsigned decision—which was released without warning—the court explained and expanded its dramatic order last month. Immigrants, it noted, are entitled “to due process of law in the context of removal proceedings,” a fact that the court unanimously affirmed in a related case six weeks ago. So, under the Fifth Amendment, “no person shall be removed from the United States without opportunity, at some time, to be heard.” Here, the majority held, at a minimum, that migrants “must have sufficient time and information to reasonably be able to contact counsel, file a petition, and pursue appropriate relief.” It noted pointedly that, in the case of Kilmar Abrego Garcia, the government has claimed that it has no authority to retrieve migrants who’ve been sent to CECOT, and that federal courts have no jurisdiction to order their return. Migrants’ interests in a robust due process, the majority wrote, “are accordingly particularly weighty.”

But the government barely provided any due process at all. Instead, it gave migrants notice “roughly 24 hours” before they were scheduled to be expelled to CECOT. These “notices” were entirely “devoid of information about how to exercise due process rights to contest that removal.” Such a barebones, eleventh-hour warning “surely does not pass muster,” the court concluded. It therefore decided, as a matter of law, that the Trump administration had run afoul of migrants’ due process rights. And it instructed the lower courts to determine exactly what kind of process would satisfy the Constitution. In the meantime, the court maintained its freeze on further deportations under the Alien Enemies Act, prohibiting the government from attempting more summary deportations from Texas to El Salvador under cover of darkness.

This holding, alone, is remarkable. The Supreme Court pointedly did not wait for the U.S. Court of Appeals for the 5th Circuit to opine on the due process question. Instead, it leapt over the 5th Circuit and decreed that the Trump administration ran afoul of the Constitution, only leaving the lower court to decide the contours of what process is due. (And the 5th Circuit’s eventual decision on the matter will stay frozen until SCOTUS intervenes again.) This procedure is rarely deployed and is reserved for extraordinary cases in which a lower court has failed to act swiftly and responsibly. Indeed, the majority opinion bristles with irritation that the (conservative-leaning) lower courts did not swiftly address the planned deportations in this case, dragging their feet for so long that SCOTUS had to step in. The majority sounds irritated not just that the government failed to heed its earlier admonition that migrants must get due process, but also that the lower courts did not expeditiously enforce that protection here.

https://slate.com/news-and-politics/2025/05/supreme-court-analysis-donald-trump-cecot-plan.html

[NNadir]

5. Like he gives a rat's ass about the courts. The Supremes created this monster...

...and now they have to live with the consequences.

[mpcamb]

6. 7-2. Soon as I saw that i knew what the breakdown was. Irrefutable evidence and logic vs vicious disregard

for the Constitution.

[MarineCombatEngineer]

7. Same here, I knew without even looking that it would be Thomas and Alito. nt

[riversedge]

8. k and r