Particle.news

Download on the App Store

Fifth Circuit to Review Supreme Court-Blocked Deportations of Venezuelan Migrants

The Supreme Court's 7-2 ruling halted Trump administration deportations under the Alien Enemies Act, citing due process violations, as Judge James Ho sharply criticized the decision.

James Ho talks to family members before a Senate Judiciary Committee hearing on nominations on Capitol Hill in Washington, Wednesday, Nov. 15.
Image
Judge James Ho at a Senate Judiciary Committee hearing on nominations in Washington, Wednesday, Nov. 15. (AP Photo/Carolyn Kaster)
Image

Overview

  • The Supreme Court ruled 7-2 to block the Trump administration's use of the 1798 Alien Enemies Act to deport Venezuelan migrants without adequate notice or hearings.
  • The Court found the migrants were not given proper notice of their removal or information on how to challenge it, citing due process violations.
  • The case has been remanded to the Fifth Circuit for expedited oral arguments to determine the legality of the statute's invocation and required procedural safeguards.
  • Fifth Circuit Judge James Ho issued a concurrence criticizing the Supreme Court's procedural expectations, likening the demands on lower courts to a 24-hour diner, and defending the Trump administration.
  • This marks the first significant use of the Alien Enemies Act since World War II, raising concerns among human rights groups and legal experts about its implications for separation of powers and judicial oversight.