A.A.R.P. v. Trump, Docket No. 24A1007

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The justices put a hold on the removal of several Venezuelan nationals linked to a group called Tren de Aragua. They ruled these detainees have to receive clear and timely notice so they can ask a court to review their status. The high court sent the case back down and told the lower courts to figure out exactly how much notice is fair and then to dive into the deeper challenges those detainees have raised. This isn’t a final decision on whether they’ll stay or go, but it does pause the process and forces the government to spell out the reasons against each person. What happens next could shape how far the government must go in giving notice to anyone it wants to remove under national security laws.

Summary of the Case

Two Venezuelan nationals were detained in Texas and identified as members of Tren de Aragua, a designated terrorist group. Using the Alien Enemies Act, the President issued an order for their immediate removal from the United States. The detainees sought emergency relief in court, arguing they were given only about 24 hours' notice with no real chance to consult lawyers or challenge their removal. When the trial court failed to rule for over 14 hours, they appealed to a higher court and also directly to the Supreme Court. The appeals court dismissed their case, claiming it lacked jurisdiction because the trial judge had been given only 42 minutes to act. The detainees then brought their case directly to the Supreme Court.

Opinion of the Court

In the court's decision, the Supreme Court granted temporary protection for the detainees, overturned the appeals court's judgment, and sent the case back for further proceedings. First, the Court ruled that the appeals court was wrong: higher courts do have authority to review cases when a lower court's inaction effectively denies emergency relief, which is what happened here.

Second, applying constitutional principles, the Court reaffirmed that "no person shall be removed from the United States without opportunity, at some time, to be heard." The Court emphasized that people detained under the Alien Enemies Act must receive notice that reasonably informs them about their removal and actually allows them to challenge it. Notice given roughly a day in advance, without information about legal counsel or procedures, clearly failed to meet constitutional requirements. The Court therefore blocked removals under the Alien Enemies Act while lower courts determine exactly what kind of notice is required, stressing that national security must be pursued in "a manner consistent with the Constitution."

Separate Opinions

Justice Kavanaugh agreed that temporary relief was warranted to preserve the courts' role, but he argued against sending the case back to lower courts. Instead, he urged the Supreme Court to fast-track the case and resolve two key questions now: whether the Alien Enemies Act authorizes removal of these particular detainees, and what legal process the Act requires.

Dissenting Opinions

Justice Alito, joined by Justice Thomas, fully disagreed with the majority. He first argued the Court lacked jurisdiction: the trial court had been working diligently, the 42-minute deadline imposed by the detainees was unfair, and there was no effective denial of relief. Second, he maintained that the detainees failed to show they would likely win their case on its merits. Third, he criticized the Court for bypassing normal judicial procedures, stating: "we are a Court of review, not first view."

The Tension Between Ancient Laws and Modern Rights

At the heart of this case is the Alien Enemies Act, a law dating back to 1798 that gives the President power to remove citizens of countries at war with the United States. The law itself is remarkably brief and says nothing about procedural protections. However, over more than a century, the Supreme Court has established fundamental due process limits on this executive power. Past cases have established that removal without "opportunity, at some time, to be heard" is unconstitutional, and that people facing removal must receive notice "reasonably calculated under all the circumstances" to inform them and give "a reasonable time" to respond. In a recent 2025 case, the Court unanimously confirmed that people detained under the Alien Enemies Act must receive adequate notice and an opportunity to challenge their detention before being summarily removed. Lower courts must now determine exactly what form and timing of legal process the Constitution requires before someone can be removed under this Act. This case highlights the ongoing tension between an old statutory power and evolving constitutional protections—showing how our legal system balances legislative authority with constitutional rights.