Supreme court blocks Trump bid to resume deportations under 1798 law
Administrations appeal to quickly deport Venezuelans under Alien Enemies Act rejected with two dissenting
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In its opinion, the supreme court pointed to the case of Kilmar Ábrego García, a Maryland resident the administration admitted it wrongly deported to a notorious prison in El Salvador as a result of an administrative error. The president and other high-ranking administration officials have repeatedly said Ábrego García would never be allowed back in the US, despite a supreme court order instructing the government to facilitate his return.
Highlighting the administrations argument that it was unable to provide for the return of an individual deported in error to a prison in El Salvador, the court concluded that the detainees interests at stake are accordingly particularly weighty.
Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process right to contest that removal, surely does not pass muster, the justices wrote.
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The decision comes one day after the court appeared troubled by an executive order Trump signed on his first day in office that seeks to end birthright citizenship, which contradicts precedent upholding the plain text of the 14th amendment as granting citizenship to all persons born or naturalized in the United States.
https://www.theguardian.com/us-news/2025/may/16/supreme-court-alien-enemies-act-trump