Written by Kathy Wheatley on
 April 20, 2025

Supreme Court pauses deportations under old war law

The U.S. Supreme Court has temporarily stopped the deportations of Venezuelans held in Texas, citing an application of an 18th-century law.

According to Breitbart, this decision came after a legal challenge by the ACLU addressing due process concerns.

The court's recent decision affects numerous Venezuelans detained at the Bluebonnet Detention Center in northern Texas. They were being held under the Alien Enemies Act of 1798, a law rarely used since World War II. This law allows for the detention and removal of nationals from a country with which the U.S. is at war, during a period of declared war.

The ACLU launched an emergency lawsuit, arguing that the detainees were at imminent risk of deportation without proper legal proceedings. They assert that those targeted are wrongfully labeled as gang members, specifically from the violent Tren de Aragua gang, and face dire outcomes if deported to Salvadoran prisons.

Supreme Court Reaction to Historical Deportation Practices

In response to the ACLU's claims, the Supreme Court issued a temporary restraint, with Justices Clarence Thomas and Samuel Alito dissenting. This action underscores the tension between national security measures and individual rights.

The administration, led by President Trump, signaled intentions to appeal the decision. They wish to reinstate the deportation process, which heavily depends on the seldom-used Alien Enemies Act.

The Supreme Court intervened after lower court judges in states including Colorado, New York, and southern Texas had already issued temporary blocks on similar deportations, requiring authorities to follow proper court procedures before carrying out any removals.

Legal Battles and Administrative Maneuvers

Complicating matters, District Judge James Wesley Hendrix in northern Texas initially refused to halt the deportations because immigration authorities assured him that they had no immediate plans to carry them out. However, ACLU attorneys countered with evidence showing that officials had not only planned deportation proceedings but were preparing to carry them out imminently.

According to ACLU lawyer Lee Gelernt, ICE even informed one detainee that President Trump personally endorsed the deportation orders. This situation underscores the contentious and direct involvement of presidential authority in individual deportation cases.

Meanwhile, further accusations of administrative bypass emerged as officials relocated detainees between Texas facilities to areas where courts had not blocked deportations, effectively circumventing the restrictions imposed by other district courts.

Judicial Frustration and Administration's Contempt

District Judge James E. Boasberg expressed his frustration with the administration's approach. He felt powerless to act further due to the Supreme Court’s prerogative that only local jurisdiction courts could block deportations.

Additionally, Judge Boasberg articulated suspicions regarding the administration's potential criminal contempt, as they seemed to disregard his earlier bans on deportations. This raises substantial questions about the respect for judicial authority by the executive branch.

In defense, Justice Department attorney Drew Ensign assured that anyone slated for deportation would have at least 24 hours to challenge their removal in court. However, this minimal window to respond continues to raise severe concerns among human rights advocates.

Implications for U.S. Law and Human Rights

As legal endeavours continue, the broader implications of this case resonate through discussions about human rights, due process, and the appropriate application of wartime laws in modern settings.

The Supreme Court's decision to pause these deportations reflects a significant judicial intervention in matters deeply intertwined with executive powers and wartime legislation. It sets a crucial precedent on how ancient laws are applied in contemporary conflicts and issues of national security.

The outcome of the administration’s appeal to the Supreme Court could further shape the boundaries between judiciary oversight and executive war powers, marking a pivotal moment in the constitutional balance of the United States.

Author Image

About Kathy Wheatley

Your trusted source for independent, comprehensive entertainment news.
© 2025 - Insider Journal - All rights reserved
Privacy Policy
magnifier