US Supreme Court Temporarily Halts Deportations of Venezuelan Migrants Under Wartime Law
- MGMMTeam
- Apr 21
- 4 min read
On Saturday, the U.S. Supreme Court temporarily blocked the Trump administration from deporting a group of Venezuelan migrants it had labeled as gang members under a seldom-used wartime law. The government, however, urged the justices to overturn their ruling.
The decision came after attorneys from the American Civil Liberties Union requested emergency intervention, arguing that the Venezuelan migrants were at risk of being deported without the judicial review the justices had previously mandated.
"The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court," the justices previously stated in a brief, unsigned decision.
Conservative Justices Clarence Thomas and Samuel Alito publicly disagreed with the ruling, which was issued at around 12:55 a.m. (0455 GMT).
On Saturday afternoon, the Trump administration submitted a response urging the justices, after further review, to officially reject the ACLU's request on behalf of the migrants.
The White House stated that President Donald Trump would continue his tough stance on immigration but did not immediately indicate whether the administration would defy the Supreme Court, seeming to avoid a constitutional clash between the branches of government for now.
While the destination of the Venezuelan migrants remains unclear, the Trump administration has already deported over 200 Venezuelan and Salvadoran men, claiming they are gang members, to a high-security prison in El Salvador.
Among the deportees was Kilmar Abrego Garcia, a Salvadoran immigrant whom the administration acknowledged was wrongfully removed, sparking backlash over its immigration policy.
Many of the migrants’ lawyers and families assert that they were not gang members and had no opportunity to challenge the government’s claims.
"We are confident in the lawfulness of the Administration's actions and in ultimately prevailing against an onslaught of meritless litigation brought by radical activists who care more about the rights of terrorist aliens than those of the American people," White House Press Secretary Karoline Leavitt stated in a comment.
The case has sparked concerns over whether Trump, who has occasionally demonstrated a readiness to disregard court rulings since resuming office on January 20, will adhere to the restrictions imposed by the nation's highest court.
Men Boarded Buses with Loads
The majority of the high court issued a stay on Saturday after ACLU lawyers urgently requested immediate intervention in multiple courts, including the Supreme Court, reporting that some of the men had already been placed on buses and informed they were about to be deported.
The ACLU argued that the administration was preparing to deport the men under a 1798 law, which has historically been used only during wartime, denying them a fair chance to challenge their removal, as mandated by the Supreme Court.
In a written filing, U.S. Solicitor General D. John Sauer urged the court to lift its temporary order halting deportations, allowing lower courts to address the "adequacy of notice provided to designated enemy aliens."
Sauer further stated that, if the court does not take that action, it should clarify its ruling to confirm that it "does not preclude the government from removing detainees pursuant to authorities other than the Alien Enemies Act."
Sauer also claimed that the government had provided the detainees with "adequate time" for notice before beginning deportations, though he did not specify the duration of the notice.
Lee Gelernt, the lead attorney for the ACLU in the case, stated in a press release earlier on Saturday: "These men were in imminent danger of spending their lives in a horrific foreign prison without ever having had a chance to go to court. We are relieved that the Supreme Court has not permitted the administration to whisk them away the way others were just last month."
In a TikTok audio recording, several men claimed they were Venezuelans wrongfully accused of being gang members and detained at the Bluebonnet immigration facility in Texas. They stated that they were transported by bus to a regional airport late Friday but were later brought back.
Reuters has not verified the recording. However, a previous TikTok post from the same account was referenced in court documents on Friday.
According to the New York Times, two sources familiar with the situation said that more than 50 Venezuelans were scheduled for deportation, likely to El Salvador, from the detention center.
One of the detainees, Diover Millan, 24, a Venezuelan who arrived in the U.S. in 2023, had no criminal record and was granted temporary protected status, his wife reported. She, fearing retaliation, asked to remain anonymous. She shared that her husband, who was arrested in Atlanta last month, told her, "I'm scared." The men were told they would be sent to the CECOT prison in El Salvador, but the bus turned around after an official received a phone call, she explained.
Elected on a platform to toughen immigration policies, Trump invoked the 1798 Alien Enemies Act to expedite the deportation of suspected members of the Tren de Aragua, a criminal group from Venezuelan prisons, which his administration labels a terrorist organization.
Trump and his senior staff maintain that their executive power gives them extensive authority over immigration, challenging the separation of powers between government branches.
On Friday, the administration achieved a legal win when an appeals court suspended a threat of contempt charges made by District Judge James Boasberg.
Following a negative ruling, Trump had called for Boasberg’s impeachment, drawing a rare public response from U.S. Chief Justice John Roberts.
Habeas Corpus Relief: A Legal Overview
The deportation of Venezuelans would mark the first since the Supreme Court's 5-4 decision that permitted removals under the 1798 law, while clarifying that "notice must be provided within a reasonable time and in a way that enables them to seek habeas relief in the proper venue before the removal takes place."
Habeas corpus relief grants detainees the right to challenge the legality of their detention, a fundamental right under U.S. law.
The Supreme Court did not specify the duration of the notice to be given. Lawyers nationwide have requested that migrants be allowed 30 days' notice to contest their deportations.
When asked about the deportations on Friday, Trump stated he was not familiar with the specific case but added, "If they're bad people, I would certainly authorize it."
"That's why I was elected. A judge wasn't elected," he told reporters at the White House.
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