SCOTUS Sides With Illegal Alien Criminals in Alien Enemies Act Case

Sarah Arnold / Townhall Tipsheet 

The U.S. Supreme Court sided against the Trump administration on Friday in a case involving the use of the Alien Enemies Act, a centuries-old wartime law used to deport certain illegal immigrants quickly. The administration had argued that the law allowed for the expedited removal of individuals deemed national security threats, particularly Venezuelan nationals allegedly tied to violent criminal groups. However, the Supreme Court blocked the administration’s efforts. 

The Supreme Court approved a request from Venezuelan nationals for an injunction to prevent their removal from the United States under the Alien Enemies Act. The Supreme Court contended that the Trump administration failed to provide the detainees with sufficient time or proper resources to contest their deportations.

“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,” the ruling read, despite dissents from Justices Thomas and Alito.

“But it is not optimal for this Court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case. We remand the case to the Fifth Circuit for that purpose.” 

The Supreme Court declined the ACLU’s request to skip the lower court process and immediately review whether former President Donald Trump can apply the rarely used Alien Enemies Act during a time of peace. The case will now return to the lower courts, where it will be reviewed alongside several other related lawsuits brought by the civil rights organization.

Justice Alito pushed back against the majority, accusing the Court of exceeding its proper authority.

“From the Court’s order, it is not entirely clear whether the Court has silently decided issues that go beyond the question of interim relief. (I certainly hope that it has not.) But if it has done so, today’s order is doubly extraordinary,” he wrote.