TBA Law Blog

TBA Law Blog

Supreme Court Extends Pause on Alien Enemies Act Deportations

Posted by: Stacey Shrader Joslin on May 19, 2025

The U.S. Supreme Court on Friday extended its ban on the removal of Venezuelan men currently in immigration custody in Texas, under the Alien Enemies Act, SCOTUSblog reports. In an unsigned opinion, the justices found that the U.S. 5th Circuit Court of Appeals erred when it dismissed the detainees’ appeal of their removal based on a belief that it lacked authority to review it. The justices sent the case back to the appeals court for a determination of the procedures detainees are entitled to in order to challenge their removal. The opinion also stressed that it was not addressing the underlying question of whether detainees can be removed under the Alien Enemies Act. Justices Samuel Alito and Clarence Thomas issued a dissent saying the court had “no authority to issue any relief.” Justice Brett Kavanaugh wrote a short concurring opinion arguing that the Supreme Court should have resolved the issue itself, rather than sending it back to the lower court. In March, the administration initiated efforts to remove noncitizens designated as members of the Venezuelan gang Tren de Aragua under the Alien Enemies Act. Lower courts, including those in Pennsylvania, Texas and Washington, D.C., have issued various rulings on the effort.

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