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Supreme Court Blocks Trump’s Expedited Deportations Under Alien Enemies Act

In a 7-2 decision, the Court requires expanded notice and due process for Venezuelan detainees, sending the case back to lower courts for further review.

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U.S. military personnel escort an alleged gang member who was deported by the U.S. to the Terrorism Confinement Center (CECOT) prison in El Salvador.

Overview

  • The Supreme Court ruled that 24 hours' notice for detainees to challenge deportations under the Alien Enemies Act is insufficient and violates due process rights.
  • The Court’s decision indefinitely halts the Trump administration’s expedited deportations of Venezuelan nationals accused of gang affiliations, pending further legal proceedings.
  • The case has been remanded to the Fifth Circuit to establish specific due process standards, leaving the broader legality of the act’s peacetime use unresolved.
  • The Alien Enemies Act, a rarely invoked wartime law, has been criticized for its application to alleged gang members without clear evidence of their affiliations.
  • The American Civil Liberties Union continues to challenge the administration’s actions, citing human rights concerns and the wrongful deportation of individuals to harsh conditions in El Salvador.