The Supreme Court on Friday afternoon extended its ban on the removal from the United States of Venezuelan men currently in immigration custody in the northern region of Texas. In an eight-page unsigned opinion, the justices sent the case back to a federal appeals court for another look and blocked the Trump administration from removing any of the men from the United States under an 18th-century wartime law until the appeals are resolved.
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Turning to the question of the notice that the detainees in this case received and whether they had a meaningful opportunity to challenge their removals, the court observed that the Trump administration did not challenge the detainees’ description of the barebones notice provided to them, or that it was preparing to carry out removals before the Supreme Court intervened on April 19. Moreover, the justices added, when the Trump administration has said that it cannot “provide for the return” of Kilmar Abrego Garcia, a Maryland man whom the government admits was mistakenly sent to an El Salvadoran prison, the “detainees’ interests at stake are accordingly particularly weighty.”
In this case, the justices concluded, the notice that the government did provide to detainees – “roughly 24 hours before removal, devoid of information about how to” contest that removal, “surely does not pass muster.” But the court of appeals, rather than the Supreme Court, should “determine in the first instance the precise process necessary to satisfy the Constitution in this case,” the justices wrote.
Trump further attacks the court in a statement that completely fabricates / distorts the meaning of today’s ruling in several ways. pic.twitter.com/DAuNAwpghL
— Kyle Cheney (@kyledcheney) May 16, 2025
