Justice Alito

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Kate Plummer

By Kate Plummer

Senior US News Reporter

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Justice Samuel Alito has criticized a Supreme Court ruling instructing President Donald Trump's administration to pause the deportation of Venezuelan men in custody.

Why It Matters

The court issued an order early Saturday morning directingthe White House to pause deportations of Venezuelan men it accused of being members of criminal group Tren de Aragua. It had intended to deport them using powers under the Alien Enemies Act (AEA) of 1798.

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It came after the president invoked the AEA, the same power used to intern Japanese, German and Italian nationals during the Second World War, on March 15 targeting Tren de Aragua members.

Justice Alito

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On April 7, the Supreme Court ruled 5-4 that the Trump administration could use the 1798 Alien Enemies Act to deport alleged Tren de Aragua members, but only if a judicial review could take place.

However, after the American Civil Liberties Union (ACLU) filed an urgent request on the issue on Friday, the court suspended the bid, writing: "The government is directed not to remove any member of the putative class of detainees from the United States until further order of this court."

What To Know

Writing in a dissenting opinion Alito, who was nominated by Republican President George W. Bush in 2005, said the court had behaved "hastily and prematurely" without following legal precedents.

"The court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order," he wrote.

Justice Clarence Thomas also dissented.

Alito's Statement

Here is Alito's statement in full:

What People Are Saying

In its ruling, the Supreme Court wrote: "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."

It went on: "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. The government is directed not to remove any member of the putative class of detainees from the United States until further order of this court."

What Happens Next

Given the Saturday ruling suspending the deportation of alleged Tren de Aragua members, their fates remain undetermined. The Trump administration filed a response on Saturday afternoon urging the justices to review the matter further and reject the ACLU's request.

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