Read the Supreme Court rulings on due process for immigrants – GOVTRACK.us

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Read the Supreme Court rulings on due process for immigrants

May 20, 2025 · by Joshua Tauberer

Today I’d really like you to open up one of the Supreme Court rulings that I’ve linked to in my post below and give it a read. If that’s something you haven’t done before, I think you’ll appreciate it.

This post is about recent court challenges to Trump Administration deportations that have reached the Supreme Court. You’ve probably read about them in the news. I hope I can fill in some details and give you some links to read the law for yourself and those rulings.
“Oopsie” to a court order, Trump Administration says

J.G.G. v. Trump is a case about the deportation of Venezuelan nationals purported to be members of the Tren de Aragua gang. This is the case in which a district court judge ordered planes removing the Venezuelans to turn around mid-flight. The planes didn’t and took the Venezuelans to El Salvador’s Center for Terrorism Confinement (CECOT), a prison. U.S. Secretary of State Marco Rubio reposted “Oopsie” on social media:

The Alien Enemies Act (50 U.S.C. 21) gives the President the power to apprehend and remove non-citizens aged 14 or older during either a war declared by Congress or “any invasion or predatory incursion . . . by any foreign nation or government.” President Trump declared Tren de Aragua to be an “invasion or predatory incursion … at the direction … of the Maduro regime in Venezuela” in Proclamation No. 10903 on March 14.

Lawyers for the Venezuelans argued they should have a chance in court before they are removed from the country.

The Supreme Court agreed in a ruling on April 7:

[A]n individual subject to detention and removal under that statute is entitled to judicial review as to questions of interpretation and constitutionality of the Act as well as whether he or she is in fact an alien enemy fourteen years of age or older. . . . It is well established that the Fifth Amendment entitles aliens to due process of law in the context of removal proceedings.

(This quote is on page 3. I again encourage you to read the opinion for yourself at this link.)

The Trump Administration had not waded into some new grey area of law. At “well established,” the Supreme Court cited back to a 1903 decision affirming immigrants’ right under the Constitution to due process before deportation. This is not a new concept.

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