Supreme Court again blocks quick deportations under Alien Enemies Act in new blow to Trump

President Trump cannot use the 18th-century Alien Enemies Act to quickly deport a group of suspected Venezuelan gang members currently being held in Texas, the Supreme Court ruled Friday.

In an unsigned order, the justices ruled that the South Americans should remain in the US while lower courts decide how far in advance migrants must be informed of their removal.

Friday’s ruling follows an April 19 order that also blocked quick deportations under the 1798 law, invoked by the administration earlier this year.

“We did not on April 19—and do not now—address the underlying merits of the parties’ claims regarding the legality of removals under the AEA,” the majority opinion read, noting at the very end that the government could still deport the migrants “under other lawful authorities.”

However, those removals would typically require notice and a chance to challenge their deportation in court.

Conservative Justices Samuel Alito and Clarence Thomas noted their dissents from the order, while Justice Brett Kavanaugh authored a brief concurring opinion.

“From the Court’s order, it is not entirely clear whether the Court has silently decided issues that go beyond the question of interim relief. (I certainly hope that it has not.),” Alito wrote. “But if it has done so, today’s order is doubly extraordinary. Granting certiorari before a court of appeals has entered a judgment is a sharp departure from usual practice, but here neither the Court of Appeals nor the District Court has decided any merits questions.”

“The circumstances call for a prompt and final resolution, which likely can be provided only by this Court,” Kavanaugh warned. “At this juncture, I would prefer not to remand to the lower courts and further put off this Court’s final resolution of the critical legal issues. Rather, consistent with the Executive Branch’s request for expedition—and as the detainees themselves urge—I would grant certiorari, order prompt briefing, hold oral argument soon thereafter, and then resolve the legal issues.”

This is a developing story. Please check back for updates.