The US Supreme Court on Friday halted the Trump administration’s attempt to resume deportations of alleged Venezuelan gang members, ruling they were not given enough time to legally challenge their removal.
In a 7-2 decision, the court said, “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 is another setback for former President Trump’s efforts to swiftly expel alleged members of the Tren de Aragua gang using the 1798 Alien Enemies Act (AEA).
Trump, who campaigned on deporting millions of undocumented migrants, reacted angrily on Truth Social, posting: “THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!”
The AEA, last used during World War II to detain Japanese-Americans, was invoked by Trump in March to deport a group of alleged gang members to a prison in El Salvador without due process.
Attorneys for the deported Venezuelans argue their clients were not gang members and were targeted primarily because of their tattoos.
The Supreme Court clarified that it was not ruling on the legality of using the AEA for deportations but emphasized the detainees deserve more time to mount a legal challenge. The justices ordered a lower court to promptly review the case.
“We recognize the significance of the Government’s national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution,” the court said.
Conservative justices Clarence Thomas and Samuel Alito dissented.
Since taking office, Trump has labeled gangs like Tren de Aragua and MS-13 as terrorist groups and taken tough immigration measures, including sending troops to the border.