Supreme Court blocks Trump deportations under Alien Enemies Act, for now

The Trump administration cannot deport Venezuelans or any other migrants from the U.S. until the Supreme Court hears more arguments, the high court ruled Saturday

In a brief order, the court directed the Trump administration not to remove Venezuelans held in the Bluebonnet Detention Center in Texas "until further order of this court."

Justices Clarence Thomas and Samuel Alito dissented.

ACLU sues over Alien Enemies Act deportations

Justices ruled on an emergency appeal from the American Civil Liberties Union contending that immigration authorities appeared to be moving to restart removals under the Alien Enemies Act of 1798. The Supreme Court had said earlier in April that deportations could proceed only if those about to be removed had a chance to argue their case in court and were given "a reasonable time" to contest their pending removals.

Prisoners sit at maximum security penitentiary CECOT (Center for the Compulsory Housing of Terrorism) on April 4, 2025 in Tecoluca, San Vicente, El Salvador. (Photo by Alex Peña/Getty Images)

What they're saying:

 "We are deeply relieved that the Court has temporarily blocked the removals. These individuals were in imminent danger of spending the rest of their lives in a brutal Salvadoran prison without ever having had any due process," ACLU lawyer Lee Gelernt said in an email.

RELATED: Federal judge warns of criminal contempt for Trump officials in deportation dispute

On Friday, two federal judges refused to step in as lawyers for migrants launched a desperate legal campaign to prevent their deportation, even as one judge said the case raised legitimate concerns. Early Saturday, the 5th U.S. Circuit Court of Appeals also refused to issue an order protecting the detainees from being deported.

The backstory:

The ACLU had already sued to block deportations of two Venezuelans held in the Bluebonnet facility and sought an order barring removals of any immigrants in the region under the Alien Enemies Act.

The ACLU warned that immigration authorities were accusing other Venezuelan men held there of being members of the Tren de Aragua gang, which would make them subject to President Donald Trump's use of the act.

RELATED: Judge blocks Trump from revoking legal status for 530,000+ migrants

The act has only been invoked three previous times in U.S. history, most recently during World War II to hold Japanese-American civilians in internment camps. The Trump administration contended it gave them power to swiftly remove immigrants they identified as members of the gang, regardless of their immigration status.

Some Venezuelans subject to Trump's Alien Enemies Act have been sent to El Salvador and housed in its notorious main prison, despite orders from a federal judge not to send them there. The judge this week found there's probable cause that the Trump administration committed criminal contempt by disobeying his initial deportation ban.

What's next:

The administration is expected to return to the Supreme Court quickly in an effort to persuade the justices to lift their temporary order.

The Source: This report includes information from The Associated Press and previous LiveNow from FOX reporting. 

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