Supreme Court temporarily suspends Venezuela’s deportation
Former federal prosecutor Jonathan Fahey joins Fox News Live to discuss the Supreme Court’s decision to temporarily block the deportation of Venezuelan immigrants and consider the deportation of suspected MS-13 gang members to El Salvador.
Judge Samuel Alito wrote a fierce opposition to the recent Supreme Court’s move to halt the deportation of Venezuelan criminals, President Donald Trump, under the Alien Enemy Act of 1798.
The decision, issued early Saturday morning, effectively blocks the deportation of Venezuelan immigrants under 18th century law. In a decision also approved by conservative justice Brett Kavanaugh and Amy Connie Barrett, the court advised the White House not to exclude Venezuelans held at Texas’ bluebonnet detention centers “until this court’s further order.”
Alito has approved the timing of the decision. He described it as “literally midnight.”
“[T]He issued unprecedented legally questionable relief without hearing the lower court from the opposition, within eight hours of receiving the application, giving the order a questionable factual support and without providing an explanation of the order,” Alito wrote.
The ACLU will appeal to the Supreme Court to stop Venezuela’s deportation. Boasberg will hold an emergency hearing on Friday night
Judge Samuel Alito has announced his strong and verbal opposition to Scotus’ recent decision to halt certain deportations. (Getty Images)
Justice, who has served in court since 2006, was joined by Judge Clarence Thomas on his opposition.
“In the circumstances, I refused to participate in the court order because I had no good reason to believe it was necessary or appropriate to issuing an order in the middle of the night,” continued Alito.
“Both executives and the judiciary are obligated to comply with the law. Trump v. JGG, 604 US ___ (2025) (per Curiam) order, the enforcer must proceed and this court should follow established procedures.”
Senator Van Hollen meets and shakes hands with Abrego Garcia
On arrival at Simon Bolivar International Airport in Michaelitia, Venezuela on April 4, 2025, Venezuelan immigrants repatriated from their home countries will walk.
Later on Saturday, lawyers representing the Trump administration filed opposition to the order. The lawyer said the federal government had given pre-notices to detainees prior to deportation, allowing enough time to file habeas corps.
“The government has agreed not to remove AEA detainees who submit Habeas’ claims (including presumed class representatives) in accordance with the AEA,” the filed state.
“This court should resolve the current administrative stay and, in the first instance, allow the lower court to address relevant legal and de facto questions, including the development of appropriate factual records.”
The American Civil Liberties Union (ACLU) previously filed an emergency appeal, claiming that federal immigration authorities appear to have resumed deportation under the 1798 Foreign Enemy Act.
President Donald Trump will face Vice President JD Vance and Vice President JD Vance after welcoming the 2025 College Football National Champion Ohio State Football Team during an event on the White House South Lawn in Washington on Monday, April 14, 2025. (AP Photo/Alex Brandon)
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The Alien Enemy Act of 1798 allows for the deportation of indigenous peoples and citizens of enemy nations without a hearing, but was only called several times in US history.
Landon Mion, Alexandra Koch and the Associated Press of Fox News Digital contributed to this report.
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