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In a late-night order released at 1 a.m. Saturday, the Supreme Court blocked the Trump administration from carrying out a second wave of deportations targeting Venezuelan immigrants under the Alien Enemies Act, a wartime statute last widely used during World War II.
The court’s emergency action came amid frenzied legal filings warning that detainees were being rushed out of Texas detention centers despite a prior ruling requiring due process protections. The order temporarily halts deportations for a group of Venezuelan nationals detained in northern Texas, labeled by Trump officials as threats tied to the Tren de Aragua gang, which the administration has designated a terrorist organization.
Justices Clarence Thomas and Samuel Alito dissented, with Alito promising to issue a full statement later.
Deportation Plans Spark Emergency Litigation
Attorneys from the ACLU filed an emergency appeal Friday night, claiming that detainees were being bused to airports “in defiance” of the court’s April 7 ruling, which held that individuals must be given notice and a meaningful opportunity to contest deportation before being removed.
“The Supreme Court did not anticipate its ruling would be ignored like this,” said ACLU attorney Lee Gelernt during an emergency hearing before Judge James Boasberg.
Boasberg expressed deep concern over the deportation notices but said he lacked jurisdiction under a specific provision of the court’s April ruling, requiring challenges to be filed in the regions where detainees are held.
DHS Denies Defiance, but Court Skepticism Grows
While the Department of Homeland Security (DHS) insisted it is following the Supreme Court’s prior orders, their credibility has been undermined by recent actions.
“We are complying with the ruling,” said DHS Assistant Secretary Tricia McLaughlin, but Deputy Assistant Attorney General Drew Ensign admitted the administration was “reserving the right” to deport individuals imminently.
Ensign had previously told the court that no deportations were underway — as planes were en route to El Salvador.
Bukele and Trump: A Partnership Under Scrutiny
The Trump administration has coordinated deportations with El Salvador President Nayib Bukele, who has welcomed detainees into a maximum-security prison and mocked U.S. judges attempting to stop the transfers. In March, 130+ men were deported with minimal due process, and some are now held incommunicado with no clear path to legal review.
One high-profile case involves Kilmar Abrego Garcia, mistakenly deported and now held in El Salvador. The administration has refused to facilitate his return despite court orders.
Contempt Proceedings and Constitutional Concerns
Judge Boasberg recently found probable cause to hold Trump officials in criminal contempt for disregarding his order to stop March deportations, but an appeals court temporarily stayed that ruling on Friday.
Legal scholars and Democratic lawmakers warn of a looming constitutional crisis over the administration’s willingness to sidestep judicial authority, with multiple lawsuits now active in Texas, New York, California, and Colorado.
The administration has agreed to pause deportations of individuals involved in those lawsuits — but not of other similarly situated detainees.
