Supreme Court Halts Deportations Under Alien Enemies Act
The United States Supreme Court issued a key decision on Friday, May 16, 2025, temporarily blocking former President Donald Trump from resuming deportations of immigrants under the Alien Enemies Act, a law enacted in 1798. The case was sent back to the Fifth Circuit Court of Appeals for a deeper review of the legality of invoking this law and the rights of the affected migrants.
The move comes in response to an appeal filed by a group of Venezuelan immigrants in North Texas who faced imminent deportation without due process. According to the Court, the government’s attempts to carry out these expulsions did not provide detainees with sufficient time or information to legally defend themselves.
Also read: “United States Advances Legislation to Strengthen Immigration Control”
What is the Alien Enemies Act?
The Alien Enemies Act, passed in 1798, grants the president broad powers to detain and expel foreign nationals from countries with which the U.S. is at war. Although it was designed for wartime contexts, in March 2025 former President Trump invoked it as a tool to accelerate the deportation of alleged members of foreign criminal gangs—particularly the Venezuelan-origin group Tren de Aragua.
The Ruling and Its Legal Implications
In an unsigned opinion, the Supreme Court harshly criticized both the executive’s implementation of the law and the response of the district judge who initially handled the case. The Court noted that migrants had received only 24-hour notice before removal, with no clear instructions on how to exercise their right to challenge the deportation.
The ruling also referenced the case of Kilmar Ábrego García, who was mistakenly deported to El Salvador, as an example of the government’s operational failures in handling these deportations—underscoring the need for rigorous legal procedures before implementing such definitive actions.
The decision extends a temporary stay previously imposed by the justices on April 19, effectively pausing all deportations under the law until lower courts determine its legality.
Divergent Opinions Within the Court
Conservative justices Samuel Alito and Clarence Thomas dissented, arguing that the Court intervened prematurely. Alito called the move an unnecessary expansion of judicial authority, stating that the Court acted before the district court had completed its review.
Justice Brett Kavanaugh, while supporting the decision, suggested that the Supreme Court should take up the entire case immediately to issue a definitive ruling due to the urgency of the matter.
Broader Legal Context
Since the law’s invocation by the administration in March, multiple courts across states—including Texas, Nevada, and Colorado—have issued orders temporarily blocking its application. Some courts have ruled against its legality, stating that the measure fails to meet constitutional due process standards.
The ACLU (American Civil Liberties Union), representing several of the migrants, has filed multiple habeas corpus petitions to prevent removals without judicial review, arguing that these actions violate the detainees’ fundamental rights.
Next Steps
The case will proceed in the Fifth Circuit Court of Appeals, based in New Orleans, where the court will assess whether the administration can use the Alien Enemies Act under the current circumstances and what legal protections must be afforded to migrants before deportation.
In the meantime, the Supreme Court’s decision keeps deportations under this law on hold, pending a final ruling.
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