US Supreme Court Backs Trump's Use of Alien Enemies Act for Deportations

The recent Supreme Court ruling allows the Trump administration to proceed with deportations under the Alien Enemies Act while mandating due process for deportees to contest their removal.

In a landmark decision, the US Supreme Court has upheld President Donald Trump's ability to utilize the 1798 Alien Enemies Act, a rarely applied wartime powers law, to expedite the deportation of individuals allegedly linked to gangs. This ruling stems from a lower court's prior blockade against the deportation of Venezuelan nationals accused of affiliation with the Tren de Aragua gang, which Trump's administration has branded as engaging in "irregular warfare" against the United States.

The justices of the Supreme Court ruled to temporarily lift the earlier injunction, explicitly indicating that deported individuals must be provided with an opportunity to contest their removal in a judicial setting. "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 stated in an unsigned opinion. The challenge was brought forth by the American Civil Liberties Union (ACLU) on behalf of five migrants incorrectly filed in a DC court, rather than in the appropriate Texas jurisdiction where they are currently detained.

Conservative Justice Amy Coney Barrett sided with the three liberal justices in a dissent, expressing concerns over the implications of the administration's actions on the rule of law. In response to the ruling, Trump heralded it as a significant victory for justice, asserting it empowers the president to ensure national security and border protection.

The ACLU, while acknowledging the need to reinitiate the legal process, highlighted the court's affirmation of due process rights for those facing deportation under the Alien Enemies Act. This statute, historically dormant since World War II, affords the president substantial authority to order deportations without adhering to standard legal procedures, invoked when the US perceived threats from "enemy" nations.

Since the Trump administration's application of the Act, over 137 individuals have faced deportation, a move that has drawn criticism from human rights organizations. The government claims that all deportees are verified gang members, yet many do not possess any criminal records, leading families to assert their loved ones have been wrongly categorized due to superficial identifiers like tattoos.

This recent decision reverses the previous ruling from federal judge James Boasberg, who deemed the government's justification for deportation "woefully insufficient." Amidst ongoing disputes about the legality of these deportations, the White House had argued that the initial court's order was unlawful, occurring after flights had already left carrying the deported individuals.

As this situation develops, rights advocates and legal scholars warn that using the Alien Enemies Act sets a concerning precedent, marking a significant expansion of executive power in immigration enforcement.