Justice Samuel Alito sharply criticized the Supreme Court’s decision to temporarily block the Trump administration from deporting Venezuelans held in a Texas detention center under the Alien Enemies Act, calling the action “unprecedented” and lacking adequate explanation.
Joined by Justice Clarence Thomas, Alito dissented from the early Saturday ruling, which paused removals from the Bluebonnet Detention Center in northern Texas. The majority did not issue a detailed explanation, as is typical in emergency orders.
The American Civil Liberties Union (ACLU) had requested the intervention, arguing detainees were at imminent risk of deportation without court review. The Trump administration has sought to use the 1798 wartime law to remove individuals it accuses of gang affiliation.
Alito argued the court lacked jurisdiction at this stage, emphasizing that the justices had not reviewed the administration’s response or allowed lower courts to fully address the case. He also questioned the immediacy of the threat, noting a government attorney had told a district court no deportations were scheduled for Friday or Saturday.
“In sum, literally in the middle of the night,” Alito wrote, “the Court issued unprecedented and legally questionable relief… without hearing from the opposing party.”
The administration has since asked the court to reconsider the stay. The ACLU continues to litigate the broader legality of using the Alien Enemies Act in immigration enforcement.
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