The Corner

Supreme Court Orders Temporary Halt to Deportation of Venezuelans Under Alien Enemies Act

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Left: A view of the Supreme Court building in Washington, D.C. Right: President Donald Trump speaks in the Oval Office in Washington, D.C., April 7, 2025.

Elizabeth Frantz, Kevin Mohatt/Reuters

The Supreme Court acted Friday night to block the Trump administration from deporting Venezuelan aliens held in Texas whom the administration claims are members of Tren de Aragua (TdA) and, hence, argues are removable under the president’s Alien Enemies Act (AEA) proclamation.

Justices Clarence Thomas and Samuel Alito dissented from the Court’s one-paragraph order. The Court indicated that Justice Alito is writing on the matter and we can expect him to issue an opinion shortly. Pending that, it is not clear to me whether the two justices are dissenting because they believe that the Court’s intervention is premature, that the Court may lack jurisdiction, that the aliens have no meritorious objection to removal under the AEA, or some other rationale.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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