Supreme Court Temporarily Halts Deportations of Venezuelans Under Historic Law

The Supreme Court of the United States made a significant ruling on Saturday, blocking the deportation of Venezuelan immigrants currently held in the Bluebonnet Detention Center in northern Texas. This decision temporarily halts actions initiated by the Trump administration under an obscure 18th-century wartime statute known as the Alien Enemies Act, which has not been invoked in recent times.
In a brief order issued by the court, justices instructed that no Venezuelans detained at the facility could be deported until further notice from the court. This order provides a momentary reprieve for individuals facing imminent deportation, a situation that has raised serious concerns about human rights and due process.
Notably, Justices Clarence Thomas and Samuel Alito dissented from this ruling, indicating a division among the justices regarding the appropriateness of the legal foundations for these deportations.
The emergency appeal was filed by the American Civil Liberties Union (ACLU), which argued that immigration authorities were preparing to restart deportations under the Alien Enemies Act of 1798. Earlier in April, the Supreme Court had previously ruled that any deportations could proceed only if the affected individuals were granted an opportunity to present their case in court and were provided with a reasonable time frame to contest any removal orders.
Lee Gelernt, an attorney with the ACLU, expressed relief following the court's ruling, stating, "We are deeply relieved that the Court has temporarily blocked the removals. These individuals were in imminent danger of spending the rest of their lives in a brutal Salvadoran prison without ever having had any due process." This statement underscores the potential consequences of the administration's actions, which have been described as a severe infringement on the rights of these individuals.
The urgency of the ACLU's appeal became apparent as two federal judges on Friday declined to intervene in the case, despite the legal team's desperate attempts to prevent deportations. The Fifth Circuit Court of Appeals, which has jurisdiction over the matter, has yet to render a decision on this issue.
One judge acknowledged the legitimacy of the concerns raised but ultimately determined he was unable to issue an order to stop the deportations. The ACLU had previously initiated a lawsuit to block the deportation of two Venezuelans who were detained in the Bluebonnet facility and sought a broader order preventing the removal of any immigrants under the Alien Enemies Act.
In an emergency filing submitted early Friday, the ACLU alerted the court that immigration authorities had begun to accuse Venezuelans in detention of affiliation with the Tren de Aragua gang, a designation that would subject them to expedited removal under the aforementioned law. This act has been invoked only three times in U.S. history, the most notable instance being during World War II when it was used to justify the internment of Japanese Americans.
The Trump administration asserted that the Alien Enemies Act provided them with the authority to quickly remove immigrants identified as gang members, irrespective of their legal status in the country.
After the Supreme Court's unanimous order on April 9, judges in Colorado, New York, and southern Texas promptly took steps to block deportations under the Alien Enemies Act, mandating that the administration must provide a fair process for immigrants to contest their removal. However, no such orders had been issued regarding the Bluebonnet facility, which is located approximately 24 miles north of Abilene, Texas.
This week, District Judge James Wesley Hendrix, appointed by Trump, declined to prohibit the administration from deporting the two Venezuelans involved in the ACLU's lawsuit, citing sworn declarations from Immigration and Customs Enforcement (ICE) stating that there would be no immediate deportations. He refrained from issuing a wider prohibition on removals, asserting that since deportations had not yet commenced, such an order was unnecessary.
The ACLU's emergency filing included sworn declarations from three immigration lawyers who reported that their clients received documents labeling them as members of Tren de Aragua, putting them at risk of deportation. One lawyer, Karene Brown, mentioned that her client was instructed to sign documents in English despite their inability to understand the language, raising serious concerns about the fairness of the process.
During a hearing on Friday evening before District Judge James E. Boasberg in Washington, D.C., Gelernt indicated that the administration had shifted Venezuelan detainees to the Bluebonnet facility specifically to facilitate deportations after a judge blocked removals in southern Texas. Reports indicated that men were being loaded onto buses, likely for transport to the airport.
With Hendrix refusing to grant emergency relief, the ACLU turned to Boasberg, who had previously halted deportations in March. However, Boasberg noted that the Supreme Court had specified that only judges in the jurisdictions where immigrants were held had the authority to issue deportation orders, rendering him powerless to act in this instance.
Boasberg remarked, "I'm sympathetic to everything you're saying. I just don't think I have the power to do anything about it," illustrating the legal complexities surrounding this case.
He also expressed concern about possible criminal contempt by the Trump administration for disregarding his initial deportation ban, highlighting issues regarding the clarity of the paperwork ICE was providing detainees about their rights to contest removal. Drew Ensign, an attorney for the Justice Department, countered that detainees would receive at least 24 hours to challenge their deportation in court, insisting no flights were scheduled for Friday night and claiming ignorance regarding any plans for Saturday.
In a related decision, a judge in Massachusetts made permanent a temporary ban on the administrations ability to deport immigrants who have exhausted their appeals to countries other than their home nations without informing them of their final destination and providing an opportunity to object if they faced potential torture or death upon deportation.
This situation underscores the growing tension between immigration policy and human rights within the U.S., particularly for vulnerable populations like Venezuelans fleeing dire conditions in their home country. The resolution of this case could have significant implications for immigration practices moving forward.