In a recent ruling, the United States Supreme Court has granted President Donald Trump the ability to invoke wartime powers under the seldom-used Alien Enemies Act from 1798 to facilitate expedited deportations of individuals reportedly affiliated with gangs. This decision comes after a lower court had previously placed a temporary hold on the deportation of alleged Venezuelan gang members back to El Salvador. The ruling originated from concerns that the actions enacted under this act warranted closer examination, particularly as it relates to legal procedures.
President Trump has identified these migrants as associated with the Tren de Aragua gang, asserting that they were conducting “irregular warfare” against the U.S. Under the framework of the Alien Enemies Act, the administration contends that these individuals can be swiftly removed from the country. Despite this being viewed as a significant victory for the administration, the justices included a crucial stipulation that allows those being deported to challenge their removal in court.
The Supreme Court’s unsigned decision emphasized the importance of due process, stating that deportation recipients must be notified reasonably in advance in a manner that enables them to seek legal relief before any deportation occurs. Additionally, the court outlined that the matters raised in the challenge were improperly filed in a Washington DC court rather than in Texas, where the detainees are currently held.
Notably, the decision saw a dissent by Justice Amy Coney Barrett and three liberal justices, who expressed concerns that the administration’s actions present an extraordinary threat to the rule of law. Despite these dissenting opinions, Trump celebrated the court’s ruling, claiming it underscored a commitment to lawful governance and border protections. He expressed his views on the platform Truth Social, stating that it was a “great day for justice in America.”
The American Civil Liberties Union (ACLU), which initiated the challenge on behalf of five migrants, also believed that the ruling represented a crucial legal step forward. Although disappointed with the need to restart their court proceedings in a different venue, they were encouraged by the Supreme Court’s affirmation of the necessity for due process in removal cases under the Alien Enemies Act.
Historically, at least 137 instances of deportations have occurred under the Trump administration using the Alien Enemies Act, which has drawn widespread condemnation from various human rights advocacy groups. This law provides expansive powers to the U.S. President, allowing detention and deportation of individuals from an “enemy” nation without the customary legal procedures, and its last significant application occurred during World War II.
Introduced amid anxieties of impending conflict with France, the 1798 law grants sweeping authority to the President that critics argue strays from the constitutionally mandated congressional declaration of war. The administration maintains that all deportees are confirmed members of the Tren de Aragua gang—an organized crime entity with a noted record of violent crimes, including sex trafficking and drug smuggling within the U.S.
However, many deported individuals reportedly have no criminal records, as acknowledged by officials from the U.S. Immigration and Customs Enforcement (ICE). Relatives assert that some men were wrongfully categorized as gang members, often due to tattoos influencing perceptions. The recent ruling, which countered a previous decision by Judge James Boasberg, opens the floor for ongoing legal battles about the powers under this historic act, raising essential questions regarding individual rights within the immigration system and the parameters of executive authority in such contexts.