U.S. Supreme Court Authorizes Use of Historic Law for Fast-Track Deportations

The U.S. Supreme Court has authorized President Donald Trump to invoke the Alien Enemies Act of 1798 to carry out expedited deportations of migrants, specifically alleged members of the Tren de Aragua gang, a transnational criminal group recently designated as a terrorist organization.

Also Read: “Trump Proposes Daily Fines of $998 for Migrants with Deportation Orders”

The ruling, issued on Monday, April 7, 2025, allows the Trump administration to use this wartime law, which grants the president broad authority to detain and expel foreign nationals from countries considered “enemies,” without the need to follow regular immigration procedures. The law was last used during World War II.

What Does This Decision Mean?

While the ruling permits the administration to proceed with the deportations, the Court also ruled that those affected must be given the opportunity to legally challenge their removal. In other words, they must receive timely notice to exercise their right to habeas corpus—a constitutional guarantee that protects against arbitrary detention.

This decision came after a lower court temporarily blocked the deportations, arguing that the application of the Alien Enemies Act required deeper legal scrutiny. However, the Supreme Court determined that the case was filed in the wrong jurisdiction—Washington D.C.—rather than in Texas, where the migrants were being held.

Context of the Measure

Since March, at least 137 individuals have been deported under this law, according to government figures. The administration maintains that all deportees have been verified as members of the Tren de Aragua gang, accused of crimes such as sex trafficking, drug smuggling, and murder in both the U.S. and Latin America.

Immigration and Customs Enforcement (ICE) stated that the individuals were “thoroughly vetted” before being sent to El Salvador, a country with which the U.S. has signed a repatriation agreement. However, several deportees had no criminal record in the U.S., and family members have reported unjust detentions or misidentifications based on tattoos.

Reactions to the Ruling

President Trump praised the decision, calling it “a great day for justice,” and emphasized that the ruling empowers any president to protect national borders and security. On the other hand, the American Civil Liberties Union (ACLU), which represents five of the affected migrants, acknowledged that the ruling reaffirms the right to due process, though they lamented having to restart the case in a new court.

Justice Amy Coney Barrett, along with the three liberal justices, dissented, stating that the government’s actions pose an “extraordinary threat to the rule of law” in her dissenting opinion.

Unusual Use of a Historic Law

The Alien Enemies Act was enacted in 1798 amid fears of armed conflict with France. Its activation in modern times has sparked controversy among legal scholars and human rights advocates, who argue that historically it has only been used when Congress has formally declared war.

The debate over its application highlights ongoing tensions between national security, civil liberties, and due process, and sets a significant legal precedent for future immigration policy in the United States.

From: https://www.bbc.com/news/articles/cp34ylep987o 

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