The story starts with a large number of Venezuelans detained around the country in various facilities. They have probably been detained on the suspicion that they are illegally in the country. If they are, they are still entitled to a hearing in which INS gets to find out the details of their situation and determine based on those details what outcome they should face.
On March 14 President Trump signs a Proclaimation declaring that all Venezuelans, members of TdA, and not CITIZENS will be apprehended and removed. The Proclamation is not posted until the afternoon of March 15th. THAT is the notice date. None of the Venezuelans already in custody could possibly know prior to March 15 that they are now held under the Alien Enemies Act. They need a hearing.
Instead, on the morning of March 15, before the Proclaimation has even been posted, they are being loaded onto planes to be transported permanently to a prison in El Salvador. This is NOT due process. Fortunately, someone gets an immigration lawyer involved, and that immigration lawyer manages to get a case filed with a district court and that district court manages to get a temporary restraining order in place. All before the end of the day on March 15.
So the government files an EMERGENCY motion to remove the restraining order. There is no emergency! The individuals are in custody. The only possible emergency is that the government is already in the process of loading detainees onto a plane, and if the restraining order holds they will be in contempt of court. The district court denies the motion.
So the government appeals to the Supreme Court, as an emergency! There was no reason for the Supreme Court to have taken the appeal. They could easily have said you have to go to the Appeals court first. They could easily have said, there is no emergency. They could easily have said "Go away" your case is of no interest to us. But no, they took the case, and they removed the restraining order.
In mid March, 2025, the Federal Government started sending scores of Venezuelan immigrants detained in the United States to a foreign prison in El Salvador. It apparently did so without any due process of law, under the auspices of the Alien Enemies Act, of 1798. What follows is an attempt to provide an understandable review of what happened and what unconstitutional actions were taken by both the Trump administration and the Supreme Court under Chief Justice John Roberts.
The Alien Enemies Act by its own language:
Is only applicable in the case of a declared war, invasion or predatory incursion, by a nation or government.
If so, President can, by proclamation declare that all individuals associated with that nation and not naturalized citizens of the US will be apprehended and removed from the country.
Anyone so apprehended is to be brought before a judge for a full examination and hearing, and on sufficient cause appearing, an order will issue for his removal.
The Supreme Court has declared, based on logic I do not as yet understand, that a President's decision to invoke the Alien Enemies Act is not judicially reviewable. Meaning that if the President says someone has declared war, that is not arguable.
However, the proclamation, accessible below, applies by Section 1 only to members of TdA, requires by Section 5 the use of lawful means, and requires by Section 6 removal to a location consistent with applicable law.
Actions by Trump Administration:
DHS moves Venezuelan migrants in custody nationwide to detention facility in Texas prior to March 14. They are in custody in the US because no final decision has been made as to their outcome.
On March 14, Trump signs proclamation invoking Alien Enemies Act claiming invasion by Tren De Aragua, a supposed criminal organization under the supposed direction of the Venezuelan president. Proclamation is not posted till afternoon of March 15.
Evening of March 14, transferred detainees told they would be deported the next day to an unknown location. Morning of March 15, original plaintiffs file case in District Court claiming violation of several laws and the Constitution. Court notifies government and issues temporary restraining order preventing removal of plaintiffs from the country. Subsequently, the government made an EMERGENCY motion to remove the restraining order, and when the District Court denied that motion, the Supreme Court accepted an appeal against the District Courts Order and reversed that order in spite of the fact that no final decision had been yet made, and there was a pending hearing the next day.
First question is why?
There never was any emergency requiring the governments hasty actions. The detainees were detainees. They were in custody from the start. The desired haste merely meant they would be deprived of their constitutional rights.
Second question is for what purpose?
We know that by now the issue has been more or less resolved. So what was the net net? The Supreme Court took the issue out of the hands of the legitimate courts, and squashed the restraining order preventing taking people out of the country without due process.
That is at the hands of Chief Justice Roberts.