Alito’s dissent in deportation case says court rushed to block Trump with middle-of-the night order
Justice Samuel Alito, in a sharp dissent joined by Justice Clarence Thomas, criticized the Supreme Court's "middle of the night" order that blocked the Trump administration from deporting Venezuelans under the 1798 Alien Enemies Act. Alito argued the majority acted hastily and without sufficient explanation or adequate legal basis, as the government's side had not been heard and lower courts had not fully ruled. The ACLU had sought the emergency order, warning of imminent deportations of Venezuelans accused of gang membership. Alito stated the relief granted was unprecedented and legally questionable, questioning the court's jurisdiction at that stage. He noted that while the court did not hear from the government directly about planned deportations, a government lawyer had indicated no such deportations were imminent. The administration has urged the Supreme Court to reconsider its hold on deportations. This action follows previous refusals by federal judges and the 5th U.S. Circuit Court of Appeals to issue protective orders for the detainees. The Alien Enemies Act, invoked only three times prior, including for Japanese-American internment during WWII, grants the administration power to swiftly remove immigrants identified as gang members. Similar orders barring removal under this act have been issued in Colorado, New York, and southern Texas, but not in the area covering the Bluebonnet Detention Center.