Justice Samuel Alito criticized the Supreme Court for issuing a late-night order that halted the Trump administration’s deportation of Venezuelan migrants suspected of violent gang ties. He argued the ruling was rushed, lacked jurisdiction, and set a troubling precedent.
Key Facts: SCOTUS Justice Alito Dissent Over Gang Deportation Block
- Justice Alito issued a strong dissent against a Supreme Court order halting deportations of Venezuelan migrants accused of gang ties.
- The ruling involved suspects linked to the Tren de Aragua gang, detained in Texas under the Alien Enemies Act of 1798.
- The ACLU filed emergency motions in multiple courts to stop the deportations, claiming due process violations.
- Alito criticized the Court for acting without proper jurisdiction and before lower courts could rule.
- The Court’s 5-4 decision was made around midnight and without hearing from the opposing party.
The Rest of the Story: Supreme Court Halts Deportations Under Alien Enemies Act
In a highly unusual late-night decision, the Supreme Court temporarily blocked the Trump administration from deporting a group of Venezuelan migrants accused of belonging to the violent Tren de Aragua gang.
The order came after a flurry of legal filings by ACLU attorneys, who argued that the migrants were being denied due process.
The government issued notices under the Alien Enemies Act, declaring the individuals as threats to national security.
These migrants were facing removal not under standard immigration law but under wartime-era authority.
The ACLU responded by filing emergency challenges in three different courts within five hours, ultimately leading to the Supreme Court’s intervention.
Justice Samuel Alito, joined by Justice Clarence Thomas, dissented sharply.
He questioned the legality of the Court’s emergency action, arguing it had no jurisdiction and acted without hearing from all sides.
🚨 JUSTICE SAMUEL ALITO DISSENTs against SCOTUS middle-of-the-night ruling HALTING Trump's deportations of criminal aliens. This is perfect. Alito is a national treasure.
"Literally in the middle of the night, the Court issued unprecedented and legally questionable relief… pic.twitter.com/vLFL8TVaL4
— Eric Daugherty (@EricLDaugh) April 20, 2025
Commentary: SCOTUS Justice Alito Dissent Raises Serious Constitutional Questions
Justice Alito is absolutely right to sound the alarm.
The Supreme Court’s job is to carefully weigh the Constitution—not to issue middle-of-the-night orders with barely any deliberation.
This case, involving suspected members of a violent gang, deserved a serious hearing, not a rushed political gesture.
These Venezuelan nationals were not random asylum seekers.
They were identified as members of Tren de Aragua, a group known for murder, extortion, and trafficking.
It’s not just a question of immigration; it’s about public safety.
Americans have a right to expect that violent foreign gang members are removed swiftly.
What’s even more troubling is that this was done through the lens of the Alien Enemies Act—a law written in 1798 for wartime situations.
The administration acted within the scope of that law, yet the Court seemed to bend over backwards to give these detainees additional protections not afforded under normal immigration proceedings.
Justice Alito pointed out that the Court didn’t even let the lower courts do their job.
Why the rush?
Why grant emergency relief before a ruling was issued from the appellate court?
This kind of interference, without jurisdiction and due process for the American side, flips the constitutional order on its head.
It’s clear that the justices in the majority acted to appease activists rather than defend law and order.
The American people overwhelmingly support deporting gang members.
There is no valid reason to keep such individuals in our communities, especially when their removal follows a legal process rooted in national security.
This dissent should be a wake-up call.
When the highest court in the land acts like an activist bench instead of a constitutional backstop, we’re all at risk.
The Bottom Line: Why the SCOTUS Justice Alito Dissent Matters Now
Justice Alito’s dissent exposes a troubling trend of rushed judicial decisions that sidestep constitutional norms.
The Supreme Court’s late-night order halted the deportation of suspected gang members, raising serious public safety and procedural concerns.
Americans deserve a court that prioritizes their safety and upholds due process—not one that caves to pressure without full legal review.
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