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View of the facade at the Terrorism Confinement Center (CECOT) in Tecoluca, in San Vicente, El Salvador on April 04, 2025.
Deporting people this way “surely does not pass muster,” the justices wrote.
The U.S. Supreme Court on Friday temporarily blocked the Trump administration from deporting Venezuelan migrants under the Alien Enemies Act, ruling that detainees must be given actual notice and a chance to challenge their removal before being expelled. Only two justices publicly dissented.
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The unsigned opinion in A.A.R.P. v. Trump freezes deportations under the 1798 law, which Trump revived in March to authorize removals of Venezuelans alleged to be affiliated with Tren de Aragua, a transnational gang his administration labeled a terrorist group. Migrants were served with 24-hour removal notices without instructions on accessing legal help or contesting the accusations. “Surely does not pass muster,” the Court wrote, citing the risk of irreversible harm.
Related: Kirsti Noem won’t say if gay asylum-seeker deported to El Salvador’s ‘hellhole’ prison is still alive
The Court highlighted the case of Kilmar Abrego Garcia, a Maryland father whom the government admits it deported to El Salvador improperly despite a pending challenge. Trump officials later claimed they could not retrieve him from prison there. “The detainees’ interests at stake are accordingly particularly weighty,” the Court said.
Also swept up in the policy was Andry José Hernández Romero, a 31-year-old gay asylum-seeker who was deported in April. Advocates say Hernández Romero feared persecution in Venezuela but was sent to El Salvador’s CECOT prison, where his lawyers are worried LGBTQ+ people can be abused. Gay California Rep. Robert Garcia confronted DHS Secretary Kristi Noem about the deportation during a recent House hearing.
While the opinion was unsigned, ultraconservative Justices Samuel Alito and Clarence Thomas dissented. Justice Brett Kavanaugh agreed with the injunction but said the Court should resolve the case immediately.
Related: Fox News hosts mock 'innocent' deported gay asylum-seeker & downplay torture reports from Salvadoran mega-prison
The ruling doesn’t determine whether the Alien Enemies Act can be used as the administration wants, but it blocks its enforcement while lower courts consider whether Trump’s proclamation exceeded presidential authority and violated due process.
For now, mass removals under the act are paused.
