Supreme Court Halts Deportations of Venezuelan Nationals in Landmark Due Process Ruling
In a 7-2 decision, the Court reinforces constitutional protections, rejecting Trump’s use of the Alien Enemies Act to target alleged Tren de Aragua gang members.
Yesterday, on May 16, 2025, the U.S. Supreme Court (SCOTUS) ruled in a 7-2 emergency order halting deportations, emphasizing the need for due process. The case was originally filed as A.A.R.P. v. Trump (unrelated to the AARP organization), which is a legal battle over Trump’s opinion that the Alien Enemies Act (AEA) enabled his administration to deport Venezuelan nationals alleged to be part of the Tren de Aragua gang. Trump invoked the AEA even though there was no formal war with Venezuela, whereas the AEA requires the U.S. to be at war with a particular country to enable the unwarranted detainment and deportations.
You will remember that in April 2025, the SCOTUS issued an emergency order to stop the deportations in another 7-2 decision with Alito and Thomas as the two dissenters.
This latest decision pretty much solidifies that the Trump administration needs to return to true due process, no matter how bad they think some individuals may be, to detain and deport them. Kavanaugh and Barrett, both conservative justices, have emphasized their concern with the U.S. Government throwing away the rights of those in the U.S. They are urging respect for the U.S. Constitutional protections, keeping a strong check on executive power.