The Supreme Court vacated a judge’s order temporarily blocking the Trump administration from using the Alien Enemies Act (AEA) to deport Venezuelans, enabling the ability to resume removals under the wartime powers.

The matter before the Supreme Court was not whether the Trump administration properly used its wartime power to expel those it accused of being gang members but from where those challenging their removal must launch their suits.

While the order requires those challenging Trump’s use of the Alien Enemies Act to do so in Texas, where they are being detained, the court dealt a blow to the Trump administration’s swift removal of the men without hearings.

The court said Venezuelans they seek to deport must have adequate notice in order to be able to challenge their removal – confronting the administration’s removal of men without giving them the ability to contest their alleged gang ties.

“AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs,” the court wrote in a per curium order, adding that the decision “confirm[s] that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal.”

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