In a decision that’s left many conservatives scratching their heads, the U.S. Supreme Court has ruled against a Trump administration effort to quickly deport suspected members of a violent Venezuelan gang — the Tren de Aragua (TdA) — under the 1798 Alien Enemies Act.
The 7-2 ruling issued Friday doesn’t stop deportations altogether, but it does say the alleged gang members must be given more notice and time before being removed from the country. This decision comes as part of an ongoing legal battle launched by the American Civil Liberties Union (ACLU), which is representing some of the Venezuelan migrants currently being held in Texas.
“Under these circumstances, 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,” wrote the majority of the justices.
Justices Clarence Thomas and Samuel Alito dissented, standing firmly against the majority’s decision. In a sharp rebuke, Alito made it clear he believes the Court had no business intervening at this stage:
“I cannot join the decision of the Court,” Justice Alito said. “First and most important, we lack jurisdiction and therefore have no authority to issue any relief. Second, even if we had such authority, the applicants have not satisfied the requirements for the issuance of injunctive relief pending appellate review.”
The ruling effectively blocks the Trump administration from using the Alien Enemies Act (AEA) — for now — to deport suspected TdA members until the courts sort out whether those being detained are receiving adequate due process.
President Trump, in March 2025, took bold action by invoking the Alien Enemies Act of 1798, a rarely used but still valid law originally passed during America’s early years. He used it to target the Tren de Aragua, a brutal criminal gang from Venezuela with deep ties to the Maduro regime. The gang has thousands of members and is known for violent activity across Latin America — and increasingly, here in the United States.
In his proclamation, Trump didn’t mince words:
“TdA is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States,” he declared. “TdA is undertaking hostile actions and conducting irregular warfare against the territory of the United States both directly and at the direction, clandestine or otherwise, of the Maduro regime in Venezuela.”
He made it clear that Venezuelan citizens aged 14 or older who are affiliated with TdA and are not U.S. citizens or permanent residents could be detained and deported as “Alien Enemies.”
This kind of strong language and swift action was applauded by many on the Right, who’ve grown increasingly frustrated with the Biden administration’s failure to crack down on violent foreign criminals slipping through our southern border.
The ACLU quickly filed a lawsuit on behalf of several detainees, claiming they weren’t being given enough notice or a proper chance to challenge their deportations. The Supreme Court sided with that argument — for now.
“To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18, and we grant temporary injunctive relief to preserve our jurisdiction while the question of what notice is due is adjudicated,” wrote the majority.
The ruling doesn’t bar deportation altogether — it simply states that more advance notice must be given. The Trump administration can still pursue deportations under other legal pathways while this case plays out.
Justice Brett Kavanaugh partially dissented from the majority’s approach. He argued that the issue is too important to be dragged through endless court procedures and that the Supreme Court should resolve it quickly and directly.
“The circumstances call for a prompt and final resolution, which likely can be provided only by this Court,” he said. “I would grant certiorari, order prompt briefing, hold oral argument soon thereafter, and then resolve the legal issues.”
Interestingly, a federal district judge in Pennsylvania, Stephanie Haines, recently backed Trump’s position. She ruled that his use of the Alien Enemies Act was legally sound and in line with its original intent. Haines concluded that TdA’s actions do in fact meet the definition of a “predatory incursion” as described in the 1798 law.
Before that, another judge, James Boasberg, had temporarily blocked deportations under the AEA, but the Supreme Court overruled that block. Now, the case is back in legal limbo.
This ongoing legal tug-of-war shows how Trump’s assertive immigration strategy is facing stiff resistance from the ACLU, left-leaning judges, and even a Supreme Court that conservatives often hope will stand firm.
The Supreme Court isn’t saying Trump can’t deport these violent gang members — just that his administration needs to give more notice before doing it under this specific law. That may seem like a minor issue, but it opens the door for legal delays and further challenges from groups like the ACLU.
Meanwhile, the threat from Tren de Aragua isn’t going anywhere. And if the courts keep slowing down common-sense enforcement actions, it could make it even harder for future administrations to keep our streets and borders safe.
For many conservatives, this case is yet another example of how the legal system seems to bend over backward to protect foreign criminals, while American citizens are left wondering who’s really looking out for them.
