BREAKING: The Supreme Court holds that the Trump administration violated the due process rights of Venezuelan migrants

[In It to Win It]

Mark Joseph Stern
‪@mjsdc.bsky.social‬

BREAKING: The Supreme Court holds that the Trump administration violated the due process rights of Venezuelan migrants last month in its rushed effort to expel them to El Salvador in the middle of the night (which SCOTUS blocked). Alito and Thomas dissent. https://www.documentcloud.org/documents/25944899-24a1007-order/

The Supreme Court does NOT decide whether the Trump administration can remove migrants under the Alien Enemies Act, but holds that its efforts to do so violate due process. It instructs the lower courts to decide exactly what deportation procedures *would* comply with the Constitution.

Critically, the Supreme Court also continues to block deportations of migrants under the Alien Enemies Act *as a class,* through an injunction that applies to all similarly situated detainees. This is a strong signal that the majority WILL let the migrants litigate through a "habeas class action."

BREAKING: The Supreme Court holds that the Trump administration violated the due process rights of Venezuelan migrants last month in its rushed effort to expel them to El Salvador in the middle of the night (which SCOTUS blocked). Alito and Thomas dissent. www.documentcloud.org/documents/25...

— Mark Joseph Stern (@mjsdc.bsky.social) 2025-05-16T19:51:20.798Z

[Irish_Dem]

1. Trump doesn't care?

[sakabatou]

2. Of course not

I'm sure he'd fight for them to NOT enter and get their due rights.

[BeerBarrelPolka]

30. He's

He's either going to power trip if the SC caves in to him, or he's going to flex if they don't. Since they didn't, he's going to flex and do what he wants to do and show us who's "boss". Everything he sets up is always a no lose situation for himself, since there are no laws in reality to stop him.

[Irish_Dem]

35. Maybe he can get the DOJ to arrest one of the SC judges.

Barbie Bondage Bondi would love to throw a SC judge into the slammer.

[BeerBarrelPolka]

36. Amy Coney Barrett

The "Fallen" Magat. Only Pope Leo XIV can save her now.

[Irish_Dem]

38. Oh yes she is the one they would go after.

She has betrayed the king and been disloyal.
Throw her into the tower.

[tblue37]

42. Trump: "How many divisions does the Supreme Court have?"

[OldBaldy1701E]

44. But that is part of the problem, isn't it?

'Laws' are not going to stop this.

We the people will... assuming we stop being precious about things as they are. The desire to hold onto the current socioeconomic model is very confusing to myself, as the inequity and bias written into our current law structure is obvious to anyone who wants things to be more equitable and un-biased. I can't be the only person who sees this. (Who knows, maybe I am.) The current system is why we are in the situation we are in.

But, I guess we like things as they are, then.

[BeerBarrelPolka]

45. Time

Time is one of the enemies here. Other Americans (Magats) are enemies. Repubs in office are enemies, etc. So while I agree with you, there are lots of obstacles. Trump is rewriting history. He's setting precedents that are destroying democracy forever, unless punishing changes to the office are established. Impeachment can no longer be the only means to rid ourselves of a pestilence in the presidency. Rules/Laws have to be established that will make him/her think long and hard about decisions even before they decide to run for office.

[0rganism]

37. Looks like he cared after all

Throwing a multi-post tantrum on his social media outlets.

Of course it could all be a ruse, but I get the vibe that he's really upset about not being able to exile immigrants at will.

[LetMyPeopleVote]

3. Supreme Court blocks Trump from restarting Alien Enemies Act deportations

This makes me smile

Supreme Court blocks Trump from restarting Alien Enemies Act deportations

www.cnn.com/2025/05/16/p...

— (@trinnab.bsky.social) 2025-05-16T20:02:59.497Z

Link to tweet

https://www.cnn.com/2025/05/16/politics/supreme-court-alien-enemies-act?cid=external-feeds_iluminar_google

The Supreme Court on Friday blocked President Donald Trump from moving forward with deportations under the 1798 Alien Enemies Act for a group of immigrants in northern Texas, siding with Venezuelans who feared they were poised for imminent removal under the sweeping wartime authority.

The decision is a significant loss for Trump, who wants to use the law to speed deportations – and avoid the kind of review normally required before removing people from the country. But the decision is also temporary and the underlying legal fight over the president’s invocation has continued simultaneously in multiple federal courts across the country.

The justices sent the case back to an appeals court to decide the underlying questions in the case, including whether the president’s move is legal and if it is, how much notice the migrants targeted under the act should receive.

Two conservative justices – Clarence Thomas and Samuel Alito – publicly noted their dissent.

This story is breaking and will be updated.

[Deuxcents]

4. Bring them back now and allow due process if they can prove their offenses are unlawful.

Not coming to a full stop or a busted tail light is not a crime worthy of life imprisonment

[BoRaGard]

5. Meanwhile, House Republicans blocked Trump's spending bill today

Krasnov (R - Felon/Rapist) is quite the loser.

:

[ShazzieB]

16. Ketchup bottles be a-flyin' tonight! 😁

[LetMyPeopleVote]

6. Supreme Court rules Trump administration must give Venezuelans more time to challenge deportation under Alien Enemies Ac

This also makes me smile. 24 hours is not sufficient time to object
Venezuelan men held in Texas had urged the court to prevent the government from sending them to a prison in El Salvador before they could challenge the move in court.

BREAKING: Supreme Court rules Trump administration must give Venezuelans more time to challenge deportation under Alien Enemies Act

www.nbcnews.com/politics/sup...

— MSNBC (@msnbc.com) 2025-05-16T20:15:44.657Z

Link to tweet

https://www.nbcnews.com/politics/supreme-court/supreme-court-trump-administration-venezuelans-alien-enemies-act-rcna202094

WASHINGTON — The Supreme Court on Friday dealt a blow against the Trump administration's attempt to send Venezuelans it says are gang members to a notorious prison in El Salvador, saying the detainees must have a proper chance to raise legal objections.

The 7-2 decision, which grants a request made by a group of Venezuelans, clarified an unusual order issued by the justices in the early hours of April 19 that hit pause on any government plans to deport people held in northern Texas.

The justices in the latest unsigned decision faulted the administration for only giving the detainees 24 hours to launch legal challenges.

"Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster," the ruling said......

The Trump administration's attempt to summarily deport immigrants without giving them a chance to contest whether they are gang members or whether the law can even be applied to criminal organizations is part of its hardline immigration policy that has faced considerable pushback from courts as well as political opponents.

Although the Alien Enemies Act can only be used at a time of "invasions or predatory incursions," the government has argued that those conditions are met because the gang is effectively an arm of the Venezuelan government, a claim that is heavily contested.

The court's April order, coming just hours after a bus carrying Venezuelans left a detention center in Texas toward an airport but then turned around, put the entire case on hold while the justices figured out what next steps to take.

The Supreme Court had, in an April 7 decision, made it clear that any people the government wants to deport under the Alien Enemies Act need to be given the chance to challenge the decision via habeas corpus petitions.

[dalton99a]

10. +1

[lindysalsagal]

7. OK maybe I'll start hoping again. I was expecting them to sell us all up the river. And democracy.

Now we see it the sociopath attacks their families for revenge.

[Beachnutt]

8. When you kidnap someone isn't that breaking the law ?

Who is going to get arrested and charged with kidnapping ?

[Meowmee]

9. Good but who will enforce bringing them back?

Court rulings are useless if they aren't enforced.

[rurallib]

11. just exactly what I have been wondering for months

If Trump says NO it looks like democracy is done.

[Meowmee]

12. Yes, but the media will continue to pretend it isn't

[hadEnuf]

14. It will be up to the American citizenry then....

n/t

[sl8]

29. They're still being held in the Northern District of Texas.

The government tried to ship them out, but were blocked.

[IronLionZion]

32. Executive branch (president) enforces the laws and rulings

so when the president is a convicted felon and a bigoted idiot, there's a flaw in our system of checks and balances. We can't count on the GOP Congress to do much about it.

[Meowmee]

34. Yes I know all of that

My point was who now will enforce this if anyone.

[Clouds Passing]

13. Next, take away the immunity and write orders for his arrest.

[ReRe]

15. Congratulations, Supreme Court

For the bright red line in the sand! For finally laying down the LAW!

Now get ready to enforce it without our errant AG, Pam Bondi. How's that going to work?

[surfered]

17. It was so obvious, but with this Court, you never know.

I guessed it was 7-2 before reading the opinion. This is just the wrong time for Justice Alito. Germany 1930 would have been his hey day.

[Iggo]

33. He would have been in charge of the show trials.

[UTUSN]

18. K&R for, umkay one small step...

[Iamscrewed]

19. Is that all

What war has been declared? Who is invading. Why and to what purpose?

[B.See]

20. Newsflash: Trump plans on violating

EVERYONE'S due process. As he sees FIT. Count on it.

[LymphocyteLover]

21. and SCOTUS will get pissed and continue to vote against him in every case

[B.See]

24. right...

We'll see how that plays out.

[LymphocyteLover]

50. it's happening.... big question is whether they actually attack SCOTUS more directly

such a open threats of defunding or actually imprisoning them... for now I suspect not. They will engage in as much defiance as they can get away with without being too blatant about it (as they are now).

[B.See]

51. didn't have to wait long...

The Supreme Court Just Handed A Match To An Arsonist

https://democraticunderground.com/100220340602

[bluestarone]

22. So, with THIS ruling, if i read it right. That not just one person (Garcia) but ALL

These immigrants that went to El Salvador were WRONGLY sent because of no due process?

[sl8]

25. This case is about the Venezuelan detainees being held in the Northern District of Texas, not Garcia. nt

[bluestarone]

26. Ah, my bad

TY.

[EnergizedLib]

23. The issue isn't how SCOTUS rules

It’s if these rulings will be complied with.

[maxrandb]

27. If you can stomach it, read Sam the Flim-Flam man's dissent

Last edited Sat May 17, 2025, 06:01 AM - Edit history (1)

I am not a lawyer, but he seems to be saying "what's the big deal in days, weeks, months, or years of appellate review?."

It's not like they were about to be renditioned to a Salvadoran Death Camp for life...except that they were!!!!!!

It's like saying I am going to wait on cancer treatment, because it hasn't killed me yet.

I am so fucking sick of these pompous pricks pretending that their rulings HAVE NO REAL WORLD AFFECT.

You don't fucking call it a "ball, or strike" when the batters been beaned in the fucking face.

[J_William_Ryan]

28. "The issue isn't how SCOTUS rules. It's if these rulings will be complied with."

Correct.

And the fascist Trump regime will ignore this and other rulings consistent with its contempt for the rule of law.

[Mysterian]

31. Alito and Thomas show utter contempt for the constitution

In a rational society, they would be impoeached for their clear refusal to obey the clear dictates of the constitution.

[mdbl]

46. They're the two dumbest white men on the court

[TomSlick]

39. Thanks for the link to the order.

I recommend its reading.

[usonian]

40. I've got your deportation order RIGHT HERE

Apartheid-loving racist scum.

The shadow of apartheid South Africa in America.
https://www.democraticunderground.com/100219696928
Nazis

[Wednesdays]

41. TSF: "They made their decision...

...now let them enforce it."

(Quote originally made by Andrew Jackson.)

[sl8]

43. Well, that's according to Horace Greeley.

Greeley wrote that 30+ years after the Worcester decision. There's no other indication that Jackson said such a thing.

Of course, Jackson did have major beef with the Supreme Court and it is documented that he said this about the case:

“The decision of the Supreme court has fell still born and they find that it cannot coerce Georgia to yield to its mandate.”

[Dave Id]

47. So What?

Does or will the Supreme Court have any power to enforce their decision to get the falsly deported immigrants returned?

[sl8]

48. That's very important, but a different case.

The detainees that this case is about are still in Texas. The government tried to deport them, but, so far, have been blocked by the courts. That's a good thing.

[Ping Tung]

49. Will the deported Supremes have private cells in Libya or El Salvador?