Supreme Court Blocks Trump Deportations Under 1798 Wartime Law/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The U.S. Supreme Court on Saturday issued a temporary block on deportations of Venezuelans detained in Texas under the rarely used Alien Enemies Act of 1798. The decision comes amid legal challenges and rising concerns over due process.
Supreme Court Halts Venezuelan Deportations Under Alien Enemies Act — Quick Look
- SCOTUS temporarily stops deportations of Venezuelan detainees in Texas
- Controversial Alien Enemies Act invoked by Trump for alleged gang members
- Justices Thomas and Alito dissent from court’s brief order
- ACLU warns deported men face lifetime imprisonment without trial
- Legal battle centers on due process rights and historic wartime authority
Supreme Court Freezes Deportations of Venezuelans Held Under 18th-Century Law
Deep Looks
WASHINGTON, D.C. — April 19, 2025 — The U.S. Supreme Court on Saturday temporarily blocked the Trump administration from deporting Venezuelan detainees from a northern Texas immigration facility under the Alien Enemies Act, a wartime law dating back to 1798.
The emergency order prevents any removals from the Bluebonnet Detention Center, located near Abilene, “until further order of this court.” Justices Clarence Thomas and Samuel Alito dissented.
The decision came in response to an emergency appeal by the American Civil Liberties Union (ACLU), which claimed the administration was preparing to deport men under a law originally designed to expel enemy nationals during war, despite an earlier ruling requiring due process.
“We are deeply relieved the Court has temporarily blocked the removals,” said ACLU attorney Lee Gelernt, adding that the deportees were at risk of life-long imprisonment in Salvadoran prisons without fair trials.
1798 Law Revived by Trump Administration
The Trump administration revived the Alien Enemies Act (AEA) — a law last used during World War II — to target Venezuelan migrants it claims are members of the Tren de Aragua gang, a criminal group. Officials argue the AEA allows for swift deportation regardless of immigration status.
This unprecedented application of the law has drawn criticism and constitutional concerns. Legal experts note it was previously used to intern Japanese-Americans, and many argue it has no place in modern immigration enforcement.
Legal Challenges and Patchwork Court Orders
While courts in Colorado, New York, and southern Texas issued blocks on AEA-based deportations following a unanimous Supreme Court ruling on April 9, no similar order had yet been issued for northern Texas, where the Bluebonnet center is located.
U.S. District Judge James Wesley Hendrix, a Trump appointee, had refused to bar the deportation of two men at Bluebonnet, citing ICE assurances they would not be removed immediately. But new affidavits presented by the ACLU revealed that dozens of detainees were informed they would be deported by Saturday.
“ICE informed [my client] that these papers were coming from the President, and that he will be deported even if he did not sign it,” said immigration attorney Karene Brown in a sworn statement.
A Legal Maze of Jurisdictions
On Friday, U.S. District Judge James Boasberg in Washington, D.C., said he lacked jurisdiction to halt the removals, citing the Supreme Court’s previous ruling that orders must come from judges where detainees are held.
“I’m sympathetic to everything you’re saying,” Boasberg told the ACLU. “I just don’t think I have the power to do anything about it.”
Boasberg previously found probable cause that the Trump administration may have committed criminal contempt for ignoring earlier deportation bans.
Mass Deportations Continue to Face Pushback
The ACLU’s filing accused immigration authorities of funneling deportations to regions without legal protections, moving detainees from south Texas to Bluebonnet as court rulings restricted action elsewhere.
The 5th U.S. Circuit Court of Appeals denied the ACLU’s emergency request early Saturday, prompting the Supreme Court appeal.
The Department of Homeland Security has not confirmed deportation plans but said it reserves the right to proceed. ICE declined to comment on ongoing litigation.
Meanwhile, a Massachusetts judge ruled Friday that immigrants facing deportation to countries other than their home nation must be informed in advance and allowed to object, especially if they face torture or death.
Political and Human Rights Backlash
Civil rights groups and immigrant advocates say the Trump administration’s use of the Alien Enemies Act reflects a broader strategy to bypass immigration law and criminalize migration.
“Trump is marshaling all the power of government to punish his perceived enemies,” said Kieran Suckling, executive director of the Center for Biological Diversity, referencing broader executive actions.
Human rights lawyers have condemned the detentions and deportations without hearings, saying they violate due process and international human rights norms.
Some Venezuelans detained under the AEA have already been sent to El Salvador, where they are being held in CECOT, a maximum-security prison with a reputation for harsh conditions.
What Comes Next
The Biden-appointed justices joined the majority to block the removals for now, but the Trump administration is expected to ask the court to lift the order in the coming days.
A hearing is set for April 28, when judges are expected to examine whether the planned deportations violated constitutional protections and whether detainees had adequate time and process to contest their removal.
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