Source: Fox Business
In an unusually timed and highly charged decision, the U.S. Supreme Court issued a late-night order temporarily stopping the deportation of Venezuelan nationals detained under the centuries-old Alien Enemies Act of 1798—a law originally passed during a time of looming war with France. The emergency stay, issued early Saturday morning, pauses President Donald Trump’s renewed enforcement of the law to expel undocumented Venezuelan migrants deemed criminal offenders.
The order came without oral arguments or briefing from the opposing party, and within just eight hours of the emergency application being submitted. It was supported by Justices Brett Kavanaugh and Amy Coney Barrett, both considered part of the Court's conservative bloc. The stay affects deportations from Texas' Bluebonnet Detention Center, where many of the migrants have been held.
Justice Samuel Alito, writing in a sharp dissent joined by Justice Clarence Thomas, blasted the Court's move as “legally questionable” and condemned the process, saying it defied established judicial norms.
"The Court issued unprecedented relief without giving lower courts a chance to weigh in, without hearing from both sides, and without any explanation," Alito stated. "This ruling came—literally—in the middle of the night, with dubious factual support and in clear disregard of standard procedure."
Alito emphasized that both the Executive and Judiciary are bound to follow legal protocols. He pointed to the recent Trump v. J.G.G. (2025) ruling, arguing that the administration was already obligated to comply with due process under that precedent.
The Alien Enemies Act, though rarely invoked, grants the federal government sweeping authority to detain and deport nationals of countries deemed hostile during times of conflict. Its renewed application under the Trump administration has been met with fierce resistance, especially from human rights advocates.
According to the Department of Homeland Security, at least 1,200 Venezuelan migrants have been processed for removal under the Act since January 2025. Of these, approximately 400 detainees are currently held in facilities across Texas, including Bluebonnet.
The legal pushback was sparked by an emergency appeal from the ACLU, which accused federal immigration officials of resuming deportations without honoring due process rights guaranteed under earlier Supreme Court guidance.
Shortly after the Supreme Court's emergency stay, Trump administration attorneys responded with a formal opposition brief. The government argued that it had given detainees prior notice and ample time to file habeas corpus claims.
"Those who filed timely habeas petitions were not removed. The government acted within the bounds of due process," the filing read. "The current stay is unwarranted and should be dissolved so that the lower courts can resolve the legal and factual questions with proper records in place."
Trump officials say that their policy is narrowly tailored to target individuals with verified criminal records, not asylum seekers or families. They also note that migrants who have initiated legal challenges are temporarily exempt from deportation.
Human rights groups have expressed alarm at the use of an 18th-century wartime statute to remove migrants from a modern-day humanitarian crisis. Venezuela remains in a state of economic collapse, with over 7.7 million Venezuelans having fled the country since 2015 due to political instability, poverty, and violence.
International watchdogs, including Human Rights Watch and Amnesty International, have urged the U.S. to provide protections rather than expulsion.
Meanwhile, immigration experts warn that this case could set a dangerous precedent for executive overreach if left unchallenged.
The Supreme Court’s stay is temporary and procedural—it halts deportations “until further order of this court,” but does not yet rule on the legality of the underlying actions. The case will now proceed through the lower courts, which must examine the merits of the Trump administration’s use of the Alien Enemies Act in the modern context.
Legal analysts expect oral arguments to begin within the next 6 to 8 weeks, possibly pushing a full resolution into late summer 2025. As the legal fight escalates, it could become a pivotal issue in the 2026 midterm elections, where immigration remains a divisive topic.
While the Supreme Court's decision offers temporary relief to hundreds of Venezuelan detainees, it also spotlights deeper tensions between national security, executive power, and human rights. As Justice Alito and others debate the constitutional limits of emergency decisions, the country—and the legal system—stands at a crossroads.
This case may ultimately determine not just the fate of these migrants, but the role of historical laws in shaping America's modern immigration policies.