The Supreme Court on Friday ruled 7-2 against the Trump administration’s attempt to swiftly deport Venezuelan gang members under the Alien Enemies Act, requiring officials to provide more than 24 hours for detainees to challenge their removal.
“Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster,” the majority wrote.
The unsigned decision clarified that the Court was only ruling on the notice requirement and not whether the Trump administration can use the Alien Enemies Act itself.
“To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18,” the Court stated in its ruling, NBC News reported.
The Alien Enemies Act, enacted in 1798, allows the president to apprehend and deport citizens of a hostile…