Supreme Court blocks Trump administration from immediately deporting migrants under AEA

Supreme Court Justices Clarence Thomas and Samuel Alito dissented.

Published: May 16, 2025 4:21pm

Updated: May 16, 2025 4:41pm

The Supreme Court on Friday afternoon blocked President Donald Trump from invoking the Alien Enemies Act to deport illegal migrants in Texas, throwing a curveball into the administration's crackdown on illegal immigration.

The Supreme Court sent the case back to a lower appeals court to decide underlying questions in the case, including how much notice those targeted for removal should receive, and whether the move itself was legal, per CNN.

The court granted the temporary injunction for two allegedly illegal Venezuelan migrants, who are accused of being members of the violent gang Tren de Aragua. 

"The injunction simply ensures that the Judiciary can decide whether these Venezuelan detainees may be lawfully removed under the Alien Enemies Act before they are in fact removed," Supreme Court Justice Brett Kavanaugh wrote in a separate concurring opinion. 

The unsigned majority order said the way that the Trump administration has been using the power "did not pass muster."

Supreme Court Justices Clarence Thomas and Samuel Alito dissented, stating they did not have jurisdiction and authority to impose the relief. 

The order comes after a federal judge ruled earlier this week that the administration can deport suspected members of foreign terrorist organizations, including Tren de Aragua and MS-13, under the 18th century law. But other federal judges have blocked the administration's efforts.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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