The Supreme Court just slammed the brakes on President Trump’s plan to deport Venezuelan gang members, leaving conservatives scratching their heads. On May 16, 2025, the court ruled against using the Alien Enemies Act of 1798 to swiftly remove alleged Tren de Aragua members from a Texas detention facility. Chief Justice John Roberts and an unlikely coalition of liberal and Trump-appointed justices delivered the decision, with only Justices Alito and Thomas dissenting.
According to the Daily Mail, in a single stroke, the Supreme Court blocked Trump’s deportation push, sending the case back to the 5th U.S. Circuit Court of Appeals. The ruling indefinitely extends a ban on deportations under the 1798 law from a North Texas facility. It’s a setback for an administration aiming to tackle rising gang violence with decisive action.
Trump’s March 2025 proclamation labeled Tren de Aragua a foreign terrorist organization, invoking the Alien Enemies Act to justify rapid deportations. The administration began shipping alleged gang members to El Salvador’s CECOT prison, arguing national security demanded swift measures. But three federal judges, including one appointed by Trump, ruled the Act was being misused to rush removals.
The Supreme Court’s ruling stems from an emergency appeal by lawyers defending accused Venezuelan gang members. One case involves a Venezuelan man who fled to the U.S. in 2023, only to be arrested in February 2025 after a neighbor’s unproven claim of gang ties. Actions have consequences, but so does denying due process.
Last month, the Supreme Court issued a midnight order temporarily halting deportations. The court clarified that detainees must have a “reasonable time” to challenge removals, deeming the administration’s 12-hour notice insufficient. Yet, it stopped short of defining what “reasonable” means, leaving room for more courtroom drama.
In November 2024, Homeland Security sounded the alarm about Tren de Aragua’s spread across 16 U.S. states, from Virginia to Montana. The gang, exploiting growing Venezuelan migrant communities, has targeted wealthy suburbs for thefts and assaults. Their low-level fraud schemes fund criminal networks back in South America, raising legitimate security concerns.
Trump didn’t mince words, decrying the ruling as a blow to public safety. “THE SUPREME COURT WON´T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” he fumed, warning of “more CRIMINALS” flooding in. His frustration resonates with conservatives who see unchecked migration as a ticking time bomb.
The former president argued the decision forces a “long, protracted, and expensive Legal Process” that could take years. He claimed it allows “murderers, drug dealers, gang members” to roam free, committing crimes before facing justice. While hyperbolic, his point about bureaucratic delays isn’t entirely baseless.
Trump thanked Justices Alito and Thomas for “attempting to protect our Country” but called it “a bad and dangerous day for America.” Their dissent highlights a growing divide, even among conservative justices, over balancing security and constitutional protections. It’s a tension that won’t resolve easily.
The Supreme Court’s unsigned opinion emphasized national security but insisted it must align with constitutional principles. “We recognize the significance of the Government´s national security interests,” the court wrote, but due process can’t be sidelined. This nod to fairness sounds noble, but it risks slowing down urgent deportations.
Justice Brett Kavanaugh stressed the need for a “prompt and final resolution” to the case. His call for clarity underscores the stakes: a legal limbo that neither secures borders nor fully protects rights. The court’s punt to the 5th Circuit feels like kicking the can down a very dangerous road.
Judge Stephanie Haines, a Trump appointee in Pennsylvania, tried to thread the needle on May 13, 2025. She approved using the Alien Enemies Act for deporting Venezuelan gang members but mandated 21 days’ notice and a chance to be heard. Her ruling, requiring notices in English and Spanish, aims to balance efficiency with fairness.
Haines initially certified a class action to halt deportations but reversed course, allowing targeted removals with proper notice. Her order exposes the administration’s earlier failure to provide even minimal due process, like the 12 hours some deportees received. Sloppy execution undermines legitimate security goals. Justice Samuel Alito, dissenting, called the court’s order “doubly extraordinary” given the national security implications. He’s not wrong—gangs like Tren de Aragua aren’t exactly knitting clubs. Yet, the majority’s focus on procedure over expediency reflects a deeper commitment to constitutional checks.
The Supreme Court clarified that its ruling doesn’t block deportations under other immigration laws. This leaves Trump’s team with options, but none as swift as the Alien Enemies Act. For now, conservatives watch as a dangerous gang grows, while progressives cheer a win for due process, proving, once again, that good intentions don’t always mean good outcomes.
