The U.S. Supreme Court in Washington. Photo: SCOTUS.
Guacamaya, May 16, 2025. This Friday, the U.S. Supreme Court made a significant decision by ruling that the Donald Trump administration violated constitutional rights when attempting to swiftly deport Venezuelan migrants using a 1798 war-era law. With a 7-2 vote, the Court extended the suspension of deportations in Texas but left it to lower courts to determine the final legality of this controversial measure.
On May 16, the Supreme Court did not hold back, delivering a sharp rebuke to the Trump administration, which had sought to deport Venezuelan migrants under the Alien Enemies Act (AEA). This law, dating back to 1798, was intended for wartime scenarios—not immigration issues. The justices noted that by giving migrants only 24 hours’ notice and failing to explain how they could challenge the decision, their right to due process had been violated.
The Trump administration had used this law to send at least 245 Venezuelans to the CECOT prison in El Salvador. This could constitute further legal violations, as deportees were sent to a third country without notifying their families and to a location where their human rights were likely to be abused.
The ruling, supported by seven justices, overturned a prior decision by the Fifth Circuit Court of Appeals that had upheld the deportations. The Court emphasized that a Texas judge took over 14 hours to respond to an emergency request filed by the migrants, effectively denying them protection from potentially irreversible harm.
While stopping short of issuing a final judgment on the use of the AEA, the Court stressed that the government had ignored its previous order to ensure affected individuals had sufficient time to receive proper notifications and pursue appeals. “24 hours is not enough,” the ruling highlighted, referring to the minimal notice given to Venezuelans detained at a Texas immigration facility.
Conservative Justices Samuel Alito and Clarence Thomas dissented but did not provide an explanation for their opposition.
The Venezuelan-American Caucus hailed the decision as a major victory. Meanwhile, President Trump charged on social media saying that “the Supreme Court is being played by radical left losers.”
The controversy began in April 2025 when the Trump administration moved to reactivate the AEA, claiming a migration crisis justified such actions. The ACLU swiftly filed an emergency lawsuit on behalf of the Venezuelans, but the Fifth Circuit initially dismissed the petition, arguing it lacked jurisdiction—a reasoning the Supreme Court has now deemed “flawed.”
As the case returns to lower courts, the migrants remain in legal limbo, temporarily shielded from deportation. This decision marks another chapter in the tense relationship between Trump and the judiciary, particularly regarding immigration enforcement and government authority.
