The U.S. Supreme Court has paused President Donald Trump’s effort to remove Venezuelan nationals under the Alien Enemies Act (AEA). The ruling came after a lawsuit led by AARP, which claimed the plan violated constitutional rights.
Trump’s proclamation targets suspected gang members
On March 14, 2025, President Trump signed Proclamation No. 10903. It authorized immigration officials to remove individuals linked to Tren de Aragua, a Venezuelan gang designated as a terrorist group. The order bypassed normal immigration hearings.
The administration argued that fast removal was necessary for national security. Officials began identifying detainees in U.S. custody who might be part of the organization.
AARP lawsuit challenges lack of due process
AARP and other advocates sued, saying the plan denied detainees their Fifth Amendment rights. They reported that some detainees received just 24 hours’ notice with no access to legal help or time to file court petitions.
Court records show that officials even moved detainees to airports in preparation for removal. Some were later returned to detention centers after emergency legal action.
AARP said these rushed procedures created a serious risk of wrongful deportation.
Supreme Court rules for AARP on emergency basis
On May 16, 2025, the Supreme Court blocked the removals. The justices said detainees must receive enough notice to understand the charges and to seek legal relief.
“To actually seek habeas relief, a detainee must have time and information to contact a lawyer, file a petition, and request relief,” the Court stated.
The justices did not decide whether the use of the AEA was legal. Instead, they focused on whether the government followed due process.
Fifth Circuit overruled by high court
A lower court had dismissed the detainees’ appeal, claiming the judge hadn’t ruled fast enough for the case to continue. The Supreme Court disagreed. It said the lower court waited more than 14 hours without taking action, which had the effect of denying relief.
The justices ruled that this delay mattered because the detainees faced the risk of being removed before they could be heard in court.
Trump administration defends emergency removals
The Trump administration continues to defend the plan. Homeland Security officials claim removing alleged gang members protects national security.
“It is critical to remove TdA members quickly,” government lawyers said in court filings.
Officials say they can still use other immigration laws to remove dangerous individuals, even if the AEA is on hold.
What comes next?
The Supreme Court’s ruling sends the case back to the Fifth Circuit Court of Appeals. That court must now decide two key questions:
- Does the Alien Enemies Act give the president power to remove detainees in this way?
- Did the detainees get the minimum level of notice required by the Constitution?
Until the court answers those questions, the injunction remains in effect. No one named in the lawsuit—or similarly situated detainees—can be removed under the AEA.
Why this case matters
This case raises important questions about presidential power, immigration enforcement, and civil liberties. It also shows how fast legal action can prevent potentially irreversible harm.
The Supreme Court made clear that even in national security cases, the Constitution still applies. Detainees must have a real chance to defend themselves before removal.
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