BREAKING: Justices Temporarily Bar Government From Removing Venezuelan Men Under Alien Enemies Act

Over a dissent by two of the court’s conservative justices, the Supreme Court temporarily barred the Trump administration from removing a group of Venezuelan men currently in immigration custody in the northern region of Texas under an 18th century wartime law. The prohibition came in an unusual overnight order that followed a Friday evening appeal from lawyers representing the men, who told the justices that “dozens or hundreds” of detainees “are in imminent and ongoing jeopardy of being removed from the United States without notice and opportunity to be heard, in direct contravention of” a ruling by the justices less than two weeks ago.

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In a brief unsigned order released to reporters just before 1 a.m. Saturday morning, the court noted that the dispute “is currently pending before” the U.S. Court of Appeals for the 5th Circuit. Once that court acts, the court explained, Solicitor General D. John Sauer should file a response in the Supreme Court to the detainees’ request to block their removal “as soon as possible.” (After the justices issued their order, the 5th Circuit turned down the detainees’ request for a stay, calling it “premature.”) But, the court emphasized in clear language, the government should not “remove any member of the putative class of detainees from the United States until further order of this Court.”

Justices Clarence Thomas and Samuel Alito dissented from the court’s order. They did not provide any explanation for their votes on Saturday morning, but the order indicated a statement from Alito would follow – a relatively rare move, but not unprecedented in light of the hour at which the order was issued and the speed with which the court acted.

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