Supreme Court Vacates Lower Court Orders on Venezuelan Gang Deportation
Published on April 7, 2025
at 8:14 PM
Case Background
The U.S. Supreme Court recently overturned decisions made by a Washington, D.C. judge that barred the government from deporting noncitizens accused of belonging to a Venezuelan gang. This ruling stemmed from an executive order issued by former President Donald Trump on March 15, aimed at enhancing national security by targeting members of the gang Tren de Aragua.
Supreme Court Decision Details
In a narrow 5-4 vote, the justices sidestepped the argument raised by the plaintiffs regarding their coverage under the 18th-century Alien Enemies Act, instead determining that they must pursue claims in Texas where they are detained. The Court stated, “the plaintiffs … are entitled to notice and an opportunity to challenge their removal,” but emphasized that legal challenges must be filed in the jurisdiction of detention.
Dissents and Concerns
Justice Sonia Sotomayor, writing a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, expressed profound concern, labeling the majority’s intervention “inexplicable” and “dangerous.” Justice Jackson echoed these sentiments, criticizing the Court’s haste in handling such a critical issue without adequate hearings or deliberation.
The Legal Context: Alien Enemies Act
The case centers around the Alien Enemies Act of 1798, which allows for the detention or deportation of nationals from enemy states without judicial review in times of national emergency. Trump’s executive order asserts that the Tren de Aragua gang is engaging in actions that threaten an “invasion” of the United States, justifying the order’s framing under this century-old law.
Current Situation
As the legal battles continue, reports indicate that while the five plaintiffs remain in custody in the U.S., over 200 other individuals were removed to El Salvador following Trump’s executive order. Concerns arise regarding the conditions in which these detainees are held abroad, notably in a maximum-security prison under the administration of Salvadoran President Nayib Bukele.
Next Steps
Looking ahead, the plaintiffs, along with their counsel, are expected to file habeas corpus claims for relief in Texas. This path may allow them to contest the legality of their detention while ensuring that they are provided with adequate notice prior to any potential removal actions.
