Supreme Court Denies Deportation Appeal Based on 1798 Legislation
Hitting a Snag: Supreme Court Halts Trump's Deportation Push
In an unexpected twist, the Supreme Court has dealt a significant blow to President Trump's deportation drive, with a 7-2 ruling on May 16, 2025. The decision thwarts the administration's efforts to expel Venezuelan migrants accused of gang membership, under the 1798 Alien and Sedition Act.
The highest judicial authority in the nation intervened back in April, granting an emergency stay that prevented the transfer of these immigrants to a top-security prison in El Salvador — CECOT. Justices Samuel Alito and Clarence Thomas found themselves on the opposite end, voicing their disagreement with the majority's decision.
The crux of the Supreme Court case is centering on deportees' right to contest their removal from the United States, without necessarily passing judgment on the Executive's invocation of the law. The justices acknowledged the importance of national security interests and the need for their pursuit in a manner consistent with the Constitution, as stated in the ruling.
Over the months leading up to this, at least three federal judges have alleged improper usage of the 1798 law by Trump to expedite deportations. Earlier this week, a judge in Pennsylvania gave the go-ahead to the application of the Law.
The Trump administration petitioned the Supreme Court on Tuesday, requesting permission to continue forcing the expulsion of over 200 Venezuelan migrants. Government lawyers, in their 60-page legal brief, argued that these men posed a dangerous situation at the detention center in Texas, where they were being held, and had even barricaded themselves in a cell and threatened to riot, causing harm to ICE agents.
The unit where these individuals are being held is the Bluebonnet Center in Anson, Texas, where recent drone images showed several immigrants forming the letters "SOS" in the courtyard. The Republican government invoked the Alien and Sedition Act to justify the expulsion of these migrants, accusing them of being members of the Venezuelan gang Tren de Aragua — a group designated as a "terrorist" organization — and labeling them as "infiltrators."
Washington reached an agreement with the Salvadoran President, Nayib Bukele, to send detained migrants to the Centre for the Confinement of Terrorism (Cecot), a maximum-security prison. As of now, the United States has sent more than 200 migrants, primarily Venezuelans, accused of belonging to Tren de Aragua, to this prison.
However, an analysis published last week by Bloomberg reveals that 90% of those detained by the United States in El Salvador do not have criminal records in U.S. territory. Trump has led a relentless fight against illegal immigration, but his deportation program has repeatedly faced roadblocks due to favorable decisions from the courts.
Last week, presidential advisor Stephen Miller hinted at the possibility of suspending the habeas corpus rights of immigrants in the United States targeted for deportation, should they continue encountering resistance in the courts.
A parallel development involves the White House requesting the Supreme Court to end legal protection for over 500,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela. These individuals have been residing in the U.S with temporary licenses and employment authorization since the end of 2022, under a program launched by Democratic President Joe Biden.
The emergency appeal aims to invalidate a prior order by U.S District Judge Indira Talwani, which keeps the temporary legal status of immigrants from those four countries intact and prevents their deportation. The Republican administration maintains that Judge Talwani's decision illegitimately interferes with the Department of Homeland Security's authority.
[News updated at 10:36 PM]
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Insight: The Supreme Court's ruling marks a significant legal hurdle for the Trump administration, blocking their attempt to expel Venezuelan migrants accused of gang membership under the Alien Enemies Act of 1798[1][2][3]. The decision highlights due process rights violations and the need for further legal scrutiny of the Executive's proclamation and the appropriate notice period for those targeted[2][3]. The case is moving to the U.S. Court of Appeals for the Fifth Circuit for further review. [1]: https://www.scotusblog.com/2025/05/live-blog-supreme-court-blocks-trump-administrations-bid-to-expel-venezuelan-migrants/ [2]: https://www.npr.org/2025/05/16/1095583014/venezuelan-migrants-supreme-court-trump-administration-deportation [3]: https://www.nytimes.com/2025/05/16/us/trump-venezuela-migrants-supreme-court.html
What lies ahead for the Trump administration's policy-and-legislation regarding deportation, particularly concerning Venezuelan migrants accused of gang membership, remains uncertain as the Supreme Court's ruling has set a general-news trend that questions the clarity of invoking the Alien and Sedition Act. The case is now moving to the U.S. Court of Appeals for the Fifth Circuit for further review, raising questions about the due process rights and appropriate notice period for those targeted under this Act.
