Federal

Supreme Court Halts Removal of Venezuelan Detainees Under Alien Enemies Act Pending Further Review

The Supreme Court has temporarily blocked the removal of a proposed class of Venezuelan men detained in U.S. immigration custody, issuing an order Saturday that prevents the government from deporting them under the Alien Enemies Act (AEA) until further notice. 

The emergency order follows an application filed by attorneys for the detainees, including the American Civil Liberties Union (ACLU), seeking an injunction to halt removals under a presidential proclamation invoking the AEA. The proclamation, signed on March 14, 2025, targets Venezuelan nationals alleged to be members of the Tren de Aragua (TdA) gang, authorizing their summary removal to El Salvador’s high-security CECOT prison.

According to filings, the government began transferring dozens, possibly hundreds, of Venezuelan men from detention centers nationwide to the Bluebonnet Detention Center in Texas over the past 48 hours. Attorneys report that detainees have received AEA notices in English only, lacking information about their right to challenge the designation or seek judicial review. Some individuals were told by immigration officers that deportation was imminent, with many already loaded onto buses presumed to be headed to airports for removal flights

According to filings, the government began transferring dozens, possibly hundreds, of Venezuelan men from detention centers nationwide to the Bluebonnet Detention Center in Texas over the past 48 hours. Attorneys report that detainees have received AEA notices in English only, lacking information about their right to challenge the designation or seek judicial review. Some individuals were told by immigration officers that deportation was imminent, with many already loaded onto buses presumed to be headed to airports for removal flights.

According to filings, the government began transferring dozens, possibly hundreds, of Venezuelan men from detention centers nationwide to the Bluebonnet Detention Center in Texas over the past 48 hours. Attorneys report that detainees have received AEA notices in English only, lacking information about their right to challenge the designation or seek judicial review. Some individuals were told by immigration officers that deportation was imminent, with many already loaded onto buses presumed to be headed to airports for removal flights.

The government has argued that it is acting within its wartime authority under the AEA, which has historically been invoked only during declared wars. The current use of the Act, targeting alleged gang members during peacetime, is unprecedented. The government has also maintained that it is not seeking to remove the two named applicants while their habeas petitions are pending, but has provided no assurances regarding other members of the proposed class.

The Supreme Court’s Saturday order directs the government not to remove any member of the putative class of detainees from the United States until further order of the Court. The matter remains pending before the Fifth Circuit Court of Appeals, and the Solicitor General has been invited to respond to the application as soon as possible. Justices Thomas and Alito dissented from the order, with a statement from Justice Alito forthcoming.

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