On Friday, the United States Supreme Court issued a significant ruling in favor of a group of Venezuelan migrants challenging their expedited deportation under the rarely invoked Alien Enemies Act (AEA) of 1798, delivering a major setback to the Trump administration's controversial immigration enforcement strategy.
At issue was whether migrants could be lawfully deported with minimal notice and virtually no opportunity to exercise their right to challenge removal—an approach President Trump has attempted to justify using a centuries-old wartime statute originally designed to authorize the detention and removal of enemy nationals during periods of armed conflict.
In its decision, the Court blocked the immediate removal of several Venezuelan men detained in northern Texas immigration facilities, finding that they were not given a meaningful opportunity to assert their due process rights. The majority held that “notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.”
The Court emphasized that rushed deportation procedures—especially when grounded in vague and antiquated legal authorities—cannot bypass constitutional protections, even under claims of national security or executive discretion.
Justices Clarence Thomas and Samuel Alito dissented, arguing that the use of the Alien Enemies Act in this context was permissible. However, the majority of the Court signaled a strong reluctance to allow broad executive power to eclipse fundamental legal rights, particularly when life-altering consequences like deportation are at stake.
This decision echoes the Court's prior skepticism toward attempts to fast-track deportations without individualized review or clear legal process. It underscores a growing judicial concern with efforts to use emergency procedures and obscure statutory tools to curtail immigration rights.
At Saluja Law, we welcome the Court's ruling as a reaffirmation of the rule of law and due process in immigration proceedings. Regardless of political climate or administrative agenda, migrants—especially those fleeing turmoil and violence—deserve a fair chance to present their case.
We will continue to monitor this case and others like it closely. If you or a loved one is facing expedited removal or deportation under emergency authority, contact our office to discuss your rights and potential defenses. The Constitution does not end at the border, and neither should justice.
— Saluja Law
Advocating for Immigrants. Protecting Due Process.