Supreme Court Tells Trump: You Can’t Deport Without Due Process
In a 7-2 ruling, the Court puts the brakes on mass deportations of alleged gang members while lower courts figure out what "due process" actually means.
WASHINGTON — On May 16th, the Supreme Court told the Trump administration it can’t keep deporting alleged gang members without giving them a real chance to fight back in court. The case is called A.A.R.P. v. Trump, and the ruling stops Trump’s team from using a 200-year-old law called the Alien Enemies Act to throw people out of the country without due process.
This decision isn’t the final word—but it’s a big warning shot.
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What did the Court say?
Seven justices (yes, even Kavanaugh) agreed: the government gave almost no notice before deporting these people—some just got 24 hours, and no info about how to challenge it. That’s not enough. The Court said people facing deportation have the right to know what’s happening and enough time to get a lawyer and go to court.
The Court didn’t say exactly how much notice is required. Instead, they sent the case back to the Fifth Circuit (the appeals court covering Texas and nearby states) and told them to figure it out. But the Supreme Court made it clear: the government blew it.
What’s at stake?
These deportations are part of Trump’s fast-track plan to remove alleged members of the Venezuelan gang Tren de Aragua. But many of the people swept up say they had no chance to defend themselves. The Court was clearly disturbed by the government’s rush to deport—especially since, in another case, they argued they can’t bring people back if they’re deported by mistake.
Translation: The government is playing games—deport first, argue later. The Court didn’t like that.
Is this unusual?
It is and it isn’t. This kind of temporary ruling—called an injunction—is how courts pause government action while bigger legal fights play out. But what is unusual is the Supreme Court’s tone. They basically called out the lower courts and the government for ignoring basic rights. And they reminded everyone that even immigrants—yes, even those accused of crimes—deserve due process.
As the Court put it, “no person shall be removed from the United States without an opportunity to be heard.”
So what happens next?
Now the Fifth Circuit has to set the standard: how much notice and what kind of legal access people must get before being deported. The Supreme Court hinted strongly that 24 hours and no info won’t cut it. Once the Fifth Circuit decides, the Supreme Court may step in again.
But they also told the lower courts: don’t drag your feet.
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What about Trump?
Of course, Trump responded—blaming the courts and claiming they're soft on crime. But the real issue here isn’t crime—it’s process. The Constitution doesn’t stop applying just because someone’s accused of gang ties. And despite the administration’s best efforts, the Court isn’t buying the idea that speed matters more than rights.
The bottom line
The Supreme Court didn’t decide whether Trump can deport these people under the Alien Enemies Act. But they did decide he can’t do it without due process. That’s a huge deal. The government can't just skip court because it’s inconvenient.
It’s a sign the courts are paying attention—and they’re not ready to let Trump rule by decree.