In a midnight legal ambush, the Supreme Court has blocked deportations of Venezuelan gang members using a 226-year-old law, leaving Justice Alito fuming over a decision he called “unprecedented and legally questionable.”
At a Glance
- The Supreme Court halted Trump administration deportations of Venezuelan migrants using the rarely invoked Alien Enemies Act of 1798
- Justice Alito issued a blistering dissent, criticizing the Court for making a hasty midnight decision without proper procedure
- Conservative Justices Kavanaugh and Barrett surprisingly sided with the Court’s liberal wing in blocking the deportations
- The ACLU filed an emergency appeal claiming migrants weren’t given proper notice or opportunity to file habeas claims
- The 18th-century law allows deportation of citizens from enemy nations without a hearing, previously used during World War II
Late-Night Judicial Activism Blocks Border Enforcement
While Americans were sleeping, the Supreme Court was busy undermining national security with a pen stroke. In a shocking move that defies both common sense and proper judicial procedure, the high court blocked the Trump administration from deporting Venezuelan migrants accused of being gang members to El Salvador. The Court’s unsigned order invoked a seldom-used 18th-century law that most Americans have never heard of – the Alien Enemies Act of 1798. Even more bewildering, supposed “conservative” Justices Brett Kavanaugh and Amy Coney Barrett signed off on this judicial overreach, leaving only Justices Alito and Thomas to stand against this midnight madness.
This dramatic intervention stems from the ACLU’s emergency appeal, claiming the Trump administration planned mass deportations without proper notification or due process. The Court advised the White House not to remove any Venezuelans currently held in Texas’ Bluebonnet Detention Center “until further order of this court.” Once again, unelected judges are dictating immigration policy from the bench, overriding the executive branch’s constitutional authority to protect our borders and removing dangerous individuals who have no legal right to remain in the country.
Alito’s Blistering Dissent Exposes Judicial Overreach
Justice Samuel Alito didn’t mince words in his scathing dissent, joined by Justice Clarence Thomas. He systematically dismantled the Court’s hasty decision-making process, highlighting how the majority trampled over procedural norms to achieve their desired outcome. Alito pointed out that the Court issued this “unprecedented and legally questionable relief” without allowing lower courts to weigh in first, without hearing arguments from the opposing party, and with minimal factual support for their position. Most egregiously, the Court provided zero explanation for their extraordinary action.
“In sum, literally in the middle of the night, the court issued unprecedented and legally questionable relief, without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order.” – Justice Samuel A. Alito Jr.
What makes Alito’s dissent so powerful is his laser focus on the procedural irregularities. This wasn’t just about a disagreement on immigration policy – it was about the Court abandoning its constitutional role by acting impulsively, without deliberation, and effectively legislating from the bench. When the Supreme Court starts issuing emergency orders at midnight without explanation, we’ve entered dangerous territory that threatens the separation of powers that safeguards our republic. The sudden urgency to block these deportations reeks of political calculation rather than judicial wisdom.
The 1798 Law and Border Security Implications
The Alien Enemies Act of 1798 sits at the center of this controversy – a law that allows deportation of citizens from an enemy nation during wartime without a hearing. The law has been rarely invoked throughout American history, most recently during World War II. The Trump administration’s creative use of this statute to address the border crisis shows determination to use every legal tool available to protect American communities from dangerous foreign nationals. The administration’s counsel confirmed that detainees were given advance notice to file habeas claims, contradicting the ACLU’s narrative.
“[T]he Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order.” – Justice Samuel Alito.
This judicial roadblock comes at a moment when Americans are demanding action on the border crisis. The Supreme Court had previously allowed limited deportations under the Act, provided due process was observed. But apparently, even that reasonable compromise wasn’t enough for the Court’s activist wing. While Venezuelan gang members receive extraordinary midnight judicial protection, American citizens continue to suffer the consequences of unchecked illegal immigration. The message from the Court’s majority is clear: the rights of foreign nationals trump the safety concerns of American citizens. Is it any wonder public trust in our institutions continues to erode?
