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."