On Friday, the Supreme Court rejected the Trump administration’s efforts to deport Venezuelans, claiming they are members of a gang, to a dangerous prison in El Salvador. In a 7-2 decision, the Court emphasized that detainees must have a fair opportunity to present legal objections to their removal. This ruling stemmed from the administration’s inadequate notice, providing only 24 hours for detainees to contest their deportation, which the justices deemed insufficient for due process.
The Court did not assess the broader legality of deporting individuals under the rarely invoked 18th-century Alien Enemies Act, which the administration cited in its justification. Instead, it returned the case to a lower appeals court to determine the appropriate process for the detainees. The ruling noted that while the justices recognize the need for a more substantial notice period, they are not equipped to dictate specific legal procedures on the ground.
Two justices, Samuel Alito and Clarence Thomas, dissented, arguing that the Court’s early intervention in the case was unwarranted. The Trump administration’s strategy to swiftly deport suspected gang members highlights its strict immigration policies, which have faced significant legal challenges and criticism. The government contends that these gangs represent the Venezuelan state, a claim that remains controversial.
The Supreme Court’s initial order on April 19 paused deportations, coinciding with an incident where a bus transporting Venezuelans to an airport abruptly turned back. While the initial ruling mandated that individuals must be allowed to challenge deportation via habeas corpus, various Alien Enemies Act cases continue to emerge across the nation, each raising complex due process questions.
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