Supreme Court blocks Trump from deporting Venezuelan gang members under Alien Enemies Act

In an unsigned order, the high court said the Trump DOJ did not give the Venezuelans enough time to challenge their removals.

“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 unsigned decision read.

Justices Alito and Thomas dissented.

“I cannot join the decision of the Court. First and most important, we lack jurisdiction and therefore have no authority to issue any relief. Second, even if we had such authority, the applicants have not satisfied the requirements for the issuance of injunctive relief pending appellate review. Third, granting certiorari before any decision on the merits has been made by either the District Court or the Court of Appeals is unwarranted,” Alito wrote in his dissent.

In a concurring opinion, Justice Kavanaugh agreed with the high court’s decision to temporarily block the Trump Administration from deporting Venezuelan gang members under the Alien Enemies Act.

“I understand and agree with the Court’s decision to grant a temporary injunction. The injunction simply ensures that the Judiciary can decide whether these Venezuelan detainees may be lawfully removed under the Alien Enemies Act before they are in fact removed,” Kavanaugh wrote.

The case will now go back down the the Fifth Circuit Court of Appeals to decide how much notice detainees must be given prior to removal.

CNBC reported:

The Supreme Court on Friday granted a request by Venezuelan nationals seeking an injunction against their removal from the United States under the Alien Enemies Act.

In an unsigned decision, the court said the Trump administration had not given the detainees enough time or adequate resources to challenge their deportations.

“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.

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[Editor’s note: This article originally appeared on The Gateway Pundit.com]