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The ACLU filed its petition on behalf of two Venezuelan men identified only as A.A.R.P. and W.M.M., arguing that the Trump administration was violating a previous ruling — Trump v. J.G.G. — which requires due process for foreign nationals facing removal under the 1798-era Alien Enemies Act.
According to their filing, “Yesterday, on April 18, 2025, the district court denied the proposed class’s application for a temporary restraining order… However, after the district court’s order… numerous Venezuelan nationals… received notices that they are subject to removal under the AEA… [and] may be removed from the United States as soon as this afternoon or tomorrow.”
The ACLU also claimed that Venezuelans were given deportation notices in English only and were not told how much time they had to contest their removal or how to do it — if at all.
“Plaintiffs learned that the government has begun giving notices of removal to class members, in English only, which do not say how much time individuals have to contest their removal or even how to do so… And officers last night told class members that they will be removed within 24 hours, which expires as early as this afternoon. Upon information and belief, individuals have already been loaded on to buses.”
While the Court didn’t rule on the merits of the case, its action put an immediate hold on Trump’s enforcement strategy — a move that blocks the detention and deportation of foreign nationals allegedly tied to criminal groups, at least temporarily.
The pause comes as the Department of Homeland Security had already begun preparing the transfers of these individuals out of the country. Officials believed these Venezuelan nationals posed an imminent threat to public safety, claiming they were part of a larger “irregular warfare” campaign by foreign adversaries.
Trump’s critics — and now a majority of the Supreme Court — appear more concerned with whether detainees received notices in Spanish than whether foreign gangs are planting criminal networks across the United States.
Justice Samuel Alito and Justice Clarence Thomas strongly dissented, with Alito expected to release a full statement soon.
The Court stated:
“There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit… Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible.”
President Trump had invoked the Alien Enemies Act — a wartime statute originally passed in 1798 — to justify the expedited deportation of non-citizens over the age of 14 who are members of a designated terrorist group. The group in question: Tren de Aragua, which he claimed is acting in coordination with the Maduro regime in Venezuela.
According to Trump, the gang has been responsible for murder, trafficking, kidnappings, and is acting in concert with a hostile foreign government to undermine America from within.
He justified his use of the AEA by asserting that it gave him the authority to bypass normal immigration procedures in the case of enemy nationals engaged in hostilities.
Just Released: Trump White House Collector’s Bobblehead!
The administration argued that thousands of gang members had illegally entered the country, and quick action was needed to protect American communities from what it called “foreign-led incursions.”
Yet now, even in the face of mounting national security concerns and violent crime, the Court has stopped this removal operation dead in its tracks.
The decision marks a significant setback for the Trump administration’s efforts to reassert strong executive powers in defense of the homeland. With cartel violence, border chaos, and foreign gangs flooding American streets, the question many are now asking is simple.
