Alito's dissent in deportation case says court rushed to block Trump with middle-of-the night order

WASHINGTON (AP) — The Supreme Court acted “literally in the middle of the night” and without sufficient explanation in blocking the Trump administration from deporting any Venezuelans held in northern Texas under an 18th-century wartime law, Justice Samuel Alito wrote in a sharp dissent that castigated the seven-member majority.

Joined by fellow conservative Justice Clarence Thomas, Alito said there was “dubious factual support” for granting the request in an emergency appeal from the American Civil Liberties Union. The group contended that immigration authorities appeared to be moving to restart such removals under the Alien Enemies Act of 1798.

The majority did not provide a detailed explanation in the order early Saturday, as is typical, but the court previously said deportations could proceed only after those about to be removed had a chance to argue their case in court and were given “a reasonable time” to contest their pending removals.

“Both the Executive and the Judiciary have an obligation to follow the law,” Alito said in the dissent released hours after the court’s intervention against Republican President Donald Trump’s administration.

The justices’ brief order directed the administration not to remove Venezuelans held in the Bluebonnet Detention Center “until further order of this court.”

Alito said that “unprecedented” relief was “hastily and prematurely granted.”

He wrote that it was not clear whether the Supreme Court had jurisdiction at this stage of the case, saying that not all legal avenues had been played out in lower courts and the justices had not had the chance to hear the government's side.

“The only papers before this Court were those submitted by the applicants. The Court had not ordered or received a response by the Government regarding either the applicants’ factual allegations or any of the legal issues presented by the application. And the Court did not have the benefit of a Government response filed in any of the lower courts either,” Alito said.

Alito said the legal filings, “while alleging that the applicants were in imminent danger of removal, provided little concrete support for that allegation.” He noted that while the court did not hear directly from the government regarding any planned deportations under the Alien Enemies Act in this case, a government lawyer in a different matter had told a U.S. District Court in a hearing Friday evening that no such deportations were then planned to occur either Friday or Saturday.

“In sum, literally in the middle of the night, the Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order,” Alito wrote. “I refused to join the Court’s order because we had no good reason to think that, under the circumstances, issuing an order at midnight was necessary or appropriate. Both the Executive and the Judiciary have an obligation to follow the law."

The administration has filed paperwork urging the high court to reconsider its hold.

On Friday, two federal judges refused to step in as lawyers for the men launched a desperate legal campaign to prevent their deportation. Early Saturday, the 5th U.S. Circuit Court of Appeals also refused to issue an order protecting the detainees from being deported.

The ACLU had already sued to block deportations of two Venezuelans held in the Bluebonnet facility and sought an order barring removals of any immigrants in the region under the Alien Enemies Act.

In the emergency filing early Friday, the ACLU warned that immigration authorities were accusing other Venezuelan men held there of being members of the Tren de Aragua gang, which would make them subject to Trump's use of the law.

It has only been invoked three previous times in U.S. history, most recently during World War II to hold Japanese-American civilians in internment camps. The administration contends it gives them the power to swiftly remove immigrants they identified as members of the gang, regardless of their immigration status.

Following the unanimous high court order on April 9, federal judges in Colorado, New York and southern Texas promptly issued orders barring removal of detainees under the law until the administration provides a process for them to make claims in court.

But there had been no such order issued in the area of Texas that covers Bluebonnet, which is 24 miles north of Abilene in the far northern end of the state.

Some Venezuelans subject to Trump's use of the law have been sent to El Salvador and housed in its notorious main prison.

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

It was late in the afternoon and lightly snowing when four rock climbers, working their way up a steep gully between two peaks in Washington’s North Cascades Range, decided to turn around for a descent down the mountain that would claim three of their lives.

As they climbed down, the four attached their ropes to an piton — a metal spike pounded into rock cracks or ice and used to secure ropes — that had been placed by a past climber. As one of the men began rappelling off the piton, it ripped out of the mountain, sending all four falling past ice and snow and rock.

They fell some 200 feet (60 meters), landing in a more sloping ravine where they tumbled for another roughly 200 feet before coming to a stop in a tangle of rope.

Three were killed by the fall. One was knocked unconscious.

Anton Tselykh awoke in the dark. It had been hours since the fall.

Over the course of several hours, he extricated himself from the tangle of ropes, gear and debris and trekked over rough terrain of rock and snow — with help from a pick-like ice tool — to his car.

He drove for some 40 miles (64 kilometers) before finding a pay phone and calling for help in Newhalem, an unincorporated community about an hour's drive away. It was Sunday morning, eight hours since he regained consciousness.

From a Seattle hospital Wednesday morning, Tselykh, recovering from head trauma and internal bleeding, told authorities what had happened. He was in satisfactory condition at Harborview Medical Center, meaning he was not in the intensive care unit, Susan Gregg, media relations director for UW Medicine, said in an email.

Tselykh, 38, confirmed authorities' theories of what led to the deaths of his three companions, identified as Vishnu Irigireddy, 48; Tim Nguyen, 63; and Oleksander Martynenko, 36.

A three-person search and rescue team had responded to the site of the fall following Tselykh's call, said Cristina Woodworth, who led the team and spoke with the lone survivor by phone Wednesday. The team had followed coordinates from a GPS device the climbers had been carrying, which were shared by a friend of the men.

The rough terrain required a helicopter, which removed the bodies one at a time, Woodworth said.

Responders pored over the recovered equipment, trying to decipher what caused the fall. They found the piton still clipped into the climbers’ ropes, Okanogan County Coroner Dave Rodriguez said. Pitons are difficult to remove from rock, he said, and the anchor's presence on the rope was a clue to what happened.

Generally, setting up a backup anchor is a common practice among climbers, said Joshua Cole, a guide and co-owner of North Cascades Mountain Guides, who has been climbing in the area for about 20 years. It's still unclear whether the four had a backup.

The four climbers were friends, some of whom had climbed together before and appeared fairly experienced, Woodworth said, adding that Tselykh was “obviously very much affected by this.”

Irigireddy was a vice president of engineering at the Fluke Corporation, a test equipment manufacturing company, which released a statement Wednesday.

“Vishnu was an extraordinary leader, and his loss is felt profoundly across our organization,” the statement read.

Martynenko’s wife, Olga, said Tuesday in a Facebook post that her husband, whom she referred to as Alex, also left behind their son. She shared a link to a fundraiser to help “during the most devastating time of our lives.”

“I still cannot believe that you are gone, my love."

Bedayn is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

The Okanogan County Search and Rescue team responds to a climbing accident in the North Cascades mountains in Washington on Sunday, May 11, 2025. (Okanogan County Sheriff's Office via AP)

The Okanogan County Search and Rescue team responds to a climbing accident in the North Cascades mountains in Washington on Sunday, May 11, 2025. (Okanogan County Sheriff's Office via AP)

The Okanogan County Search and Rescue team responds to a climbing accident in the North Cascades mountains in Washington on Sunday, May 11, 2025. (Okanogan County Sheriff's Office via AP)