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Supreme Court Backs Trump’s Use of 1798 Law for Fast Deportations — For Now
The U.S. Supreme Court has ruled that President Donald Trump can temporarily use the Alien Enemies Act of 1798 to speed up the deportation of certain migrants, particularly Venezuelans accused of gang involvement. This decision is a major win for the Trump administration as legal battles over the law continue in lower courts.
The court’s brief, unsigned order allows immigration officials to use the law while the case plays out, but also requires that migrants be told they are being deported under this authority and be given a chance to challenge their removal in federal court.
What the Alien Enemies Act Means
The Alien Enemies Act, originally passed in the 18th century, gives the president broad powers to deport people from countries considered hostile during times of war or invasion. Trump’s administration claims the rising number of alleged Venezuelan gang members crossing into the U.S. qualifies as an “invasion.”
Trump first invoked the law on March 15. Shortly after, the U.S. deported over 200 Venezuelans on flights to El Salvador, where they were transferred to a high-security prison. The administration says many of them are tied to the Venezuelan gang Tren de Aragua.
Mixed Reaction From the Supreme Court
The court’s three liberal justices—Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan—strongly dissented, warning that this move could undermine the rule of law. Justice Amy Coney Barrett, a conservative, also partially dissented, questioning how migrants can legally challenge these deportations.
Justice Sotomayor wrote that the government’s behavior in the case “poses an extraordinary threat to the rule of law,” accusing the administration of violating court orders.
Justice Jackson compared the situation to past judicial mistakes, referencing the infamous Korematsu case from 1944, which allowed the internment of Japanese Americans during World War II.
Why the Case Matters
Trump’s appeal was in response to a federal judge’s temporary order blocking the use of the Alien Enemies Act. That judge, James Boasberg, was also scheduled to decide whether to fully ban the use of the law and whether to hold Trump officials in contempt for allowing deportations to continue despite his previous ruling.
Boasberg’s order didn’t stop the administration from using other immigration laws or arresting migrants, but it did pause deportations under the Alien Enemies Act.
A Broader Legal Battle Ahead
This legal fight is far from over. The Supreme Court decision does not settle the case—it only lets Trump enforce the law temporarily. Lower courts will continue to debate whether his use of the Alien Enemies Act is constitutional and whether it violates migrants' rights.
Lawyers for the migrants argue that the government’s rush to deport gives little time for legal challenges, especially for those who may have been wrongly targeted. One such case involved a Maryland father who was mistakenly deported to El Salvador due to an administrative error.
Political Reactions
President Trump celebrated the ruling on Truth Social, calling it “a great day for justice in America.” He argued that the decision proves a president has the authority to protect U.S. borders and citizens.
Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem also cheered the decision. Noem warned that undocumented immigrants should “leave now,” or face arrest and deportation.
