Supreme Court to Feds: You Still Need to Tell People Before You Deport Them

In a high-stakes decision, the U.S. Supreme Court slammed the brakes on the removal of two Venezuelan nationals detained under the Alien Enemies Act (AEA), reminding the government that yes, due process still applies—even in national security cases. The detainees were handed their removal notices and told they’d be deported “tonight or tomorrow.” With no time to get a lawyer, file for habeas, or even call their family, the Court said the government’s 24-hour clock didn’t cut it. SCOTUS ruled that notice must be “reasonably calculated” to give detainees a fair shot at legal relief. The case now heads back to the Fifth Circuit to figure out what that means in practice.

For attorneys, this decision is a sharp reminder: procedure isn’t a technicality—it’s the whole point.