U.S. Supreme Court blocks, for now, new deportations under Alien Enemies Act of 1798

Supreme Court blocks deportation of Venezuelans in Texas under 18th-century law, ACLU fights for due process.

The Supreme Court on Saturday (April 19, 2025) blocked, for now, the deportations of any Venezuelans held in northern Texas under an 18th century wartime law.

In a brief order, the court directed the Trump administration not to remove Venezuelans held in the Bluebonnet Detention Center “until further order of this court.”

Justices Clarence Thomas and Samuel Alito dissented.

The high court acted in an emergency appeal from the American Civil Liberties Union contending that immigration authorities appeared to be moving to restart removals under the Alien Enemies Act of 1798. The Supreme Court had said earlier in April that deportations could proceed only if those about to be removed had a chance to argue their case in court and were given “a reasonable time” to contest their pending removals.

“We are deeply relieved that the Court has temporarily blocked the removals. These individuals were in imminent danger of spending the rest of their lives in a brutal Salvadoran prison without ever having had any due process," ACLU lawyer Lee Gelernt said in an email.

On Friday, two federal judges refused to step in as lawyers for the men launched a desperate legal campaign to prevent their deportation, even as one judge said the case raised legitimate concerns. Early Saturday, the 5th U.S. Circuit Court of Appeals also refused to issue an order protecting the detainees from being deported.

The administration is expected to return to the Supreme Court quickly in an effort to persuade the justices to lift their temporary order.