The U.S. Supreme Court has decided to permit the Trump administration to enforce a centuries-old law, dating back to 1798, known as the Alien Enemies Act, to deport Venezuelan migrants accused of gang activities. This decision effectively ends a temporary suspension of such deportations that had been previously set by a federal district judge.
The court, however, mandated that individuals subjected to deportation claims must have the opportunity to legally contest such orders. Notably, the Supreme Court did not provide an opinion on the administration’s use of the said law.
The decision followed actions last month when the U.S. used the wartime legislation to deport over 130 alleged gang members belonging to the group Tren de Aragua. These individuals were transported to El Salvador, where they were detained in a prison reportedly funded by the U.S. The Trump administration described the gang as an invading entity.
Those deported under this law were reportedly denied the opportunity to appeal the deportation orders, with their legal representatives arguing there is insufficient evidence to classify them as gang members.
According to an attorney from the American Civil Liberties Union (ACLU), the ruling marks a significant victory as it guarantees individuals the right to challenge their removal. The Trump administration, however, supported the court’s decision. The Attorney General remarked that a judge in Washington, D.C., did not possess the authority to override President Trump’s foreign policy decisions.
**Understanding the Alien Enemies Act**
Enacted in 1798, the Alien Enemies Act was part of a legislative package designed to empower the president during potential conflicts, specifically with France at the time. The act grants the U.S. president the power to detain and deport non-citizens in wartime conditions.
This law has been employed only thrice since its inception, corresponding to the War of 1812 and the two world wars. During World War II, it served as the legal justification for the internment of people of German, Italian, and especially Japanese descent. An estimated 120,000 individuals of Japanese heritage, including U.S. citizens, were incarcerated as a result.
**Controversy Over Wartime Law Usage Without an Official War**
The Trump administration and its allies have long claimed that the U.S. faces an “invasion” by individuals entering the country illegally. Under President Joe Biden, border arrests reached unprecedented levels, exceeding two million annually for two consecutive years, with many of those apprehended being released while seeking asylum. These numbers decreased significantly once Trump assumed office.
To address the issue, the Trump administration has increasingly depicted the migrant situation as a form of warfare and has designated various Latin American criminal organizations, including Tren de Aragua, as “foreign terrorist organizations.” The administration’s public announcement on March 15, aligned with the deportations, described the gang as conducting “an invasion or predatory incursion” into the U.S.
Trump administration officials frequently employ military-related language when describing the state of the nation, with Trump himself referring to the current circumstances as a “time of war.”
Critics of Trump argue that the wartime law is being misapplied since it is intended for official wartime use. The ACLU’s legal director stated that this application is a dramatic and unlawful overreach threatening basic civil liberties.
**Legal Proceedings and Challenges**
Prior to the commencement of deportations on March 15, the ACLU and Democracy Forward took legal action against Trump, arguing that five Venezuelan men detained at a Texan immigration center were facing immediate deportation risk under the Alien Enemies Act. This led U.S. District Judge James E. Boasberg to stop their deportation, although the Justice Department swiftly lodged an appeal.
Later, Judge Boasberg issued another order halting deportations under the historic law, instructing aircraft in the air to return. However, by that point, two ICE Air planes had already departed, flying over the Gulf of Mexico toward Central America, and were not recalled.