The Supreme Court has issued an emergency order halting deportations to El Salvador under the Alien Enemies Act (AEA), showing an unprecedented willingness to intervene in President Trump’s immigration enforcement actions. The unsigned directive prevents the administration from removing a group of Venezuelan detainees who claim they’re being prepared for deportation to El Salvador, where the U.S. is paying the government to hold individuals deemed “terrorists” due to suspected gang affiliations.
The American Civil Liberties Union (ACLU) urgently petitioned the Supreme Court after learning Venezuelan men were being transferred to a Texas facility. The ACLU argued these individuals weren’t given adequate opportunity to challenge their deportations under the AEA. Despite lower courts still considering the case, the Supreme Court granted the emergency blockade.
Justice Samuel Alito, dissenting with Justice Clarence Thomas, criticized the majority’s decision as “unprecedented,” noting the court broke its own procedural rules by ruling before hearing the administration’s arguments and applying the ruling to an entire class of migrants before lower courts had certified a class action. Mr. Alito described the court’s late-night action as lacking proper factual support and explanation.
Legal scholar Josh Blackman called the intervention a “fly-by-night operation” and warned that Chief Justice John Roberts risks a constitutional confrontation with the administration through such haphazard intervention.
This isn’t the first clash between the court and Trump over deportations. Last month, the administration sent planeloads of suspected MS-13 and Tren de Aragua gang members to El Salvador despite a judge’s order. While the Supreme Court later ruled the judge lacked jurisdiction, they affirmed deportees’ right to challenge their detention and receive proper notice.
The Trump administration has declared both MS-13 and Tren de Aragua to be terrorist organizations. Since Venezuela has been uncooperative in accepting deportees, the administration arranged to send Venezuelan detainees to El Salvador, paying that government to hold them in its terrorist prison. Sen. Chris Van Hollen revealed the U.S. has already paid $4 million toward a $15 million contract with El Salvador for this arrangement.
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The Washington Times AI Ethics Newsroom Committee can be reached at aispotlight@washingtontimes.com.
