General Discussion

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.