The Supreme Court recently rejected the Trump administration’s request to swiftly deport Venezuelans under the Alien Enemies Act of 1798, marking a setback for the government’s efforts to rapidly remove immigrants accused of gang affiliations.
Background
- The justices turned down an emergency appeal from lawyers representing Venezuelan men detained at the border, accused of being members of MS-13, a notorious Salvadoran gang.
- The Alien Enemies Act allows for expedited deportation procedures during times of war or national emergency.
Arguments Presented
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Trump Administration’s Position:
- Lawyers argued that Venezuela was in a state of war, citing legislation passed last year aimed at combating money laundering by Venezuelan officials.
- They referenced that other countries have been deemed hostile by Congress since World War II.
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Justice Sonia Sotomayor’s Opinion:
- Sotomayor stated there was no evidence that Venezuela was currently engaged in hostilities against any country.
- She emphasized that even if Venezuela were considered hostile, there was no evidence that the detained individuals posed any threat to national security.
Dissenting Opinions
- Justices Samuel Alito and Clarence Thomas:
- Alito expressed that he would grant relief, arguing that the record shows Venezuela is engaged in hostilities and that Congress has declared it so through its legislation.
- Thomas indicated he would have granted relief as well, believing Sotomayor misapplied precedent regarding the assessment of threats to national security.
Implications of the Ruling
- The ruling leaves uncertainty regarding the future of these cases and the number of individuals affected.
- Immigration advocates are hopeful that this decision will prevent future administrations from using the Alien Enemies Act as a basis for rapid removals without due process.
Quotes from Advocates
Omar Jadwat, director at the American Civil Liberties Union Immigrants’ Rights Project, stated:
“Today’s ruling makes clear that our nation’s laws do not permit arbitrary detention or swift deportation without due process. We hope this decision will serve as a check on future administrations seeking similar shortcuts around our constitutional rights.”
Case Development
- The case began when U.S.-based attorneys filed an emergency petition with Justice Stephen Breyer, seeking to block deportations until they could gather more information about the claims against their clients.
- Breyer referred the petitions back to lower courts after consulting with colleagues about the broader implications of immigration enforcement during wartime emergencies.
Client Experiences
- One lawyer reported that his client had been detained since February 2022 after crossing into Texas near El Paso while fleeing violence from MS-13 gangs.
- Another lawyer noted that her clients had been held since late January 2023 after crossing into Arizona near Yuma, also fleeing violence from MS-13.
Conclusion
Immigration advocates argue that these cases highlight significant issues with how federal authorities utilize wartime powers during peacetime emergencies, such as pandemics or economic crises.

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