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

Sat Aug 16 2025 10:25:28 GMT+0300 (Eastern European Summer Time)
Supreme Court Backs Trump's Use of Alien Enemies Act for Deportations

The US Supreme Court permits President Trump to utilize wartime powers for swift deportation of alleged gang members, leading to both praise and dissent amongst justices and advocacy groups.


The US Supreme Court has ruled allowing President Trump to enforce the 1798 Alien Enemies Act for deportations, providing opportunities for migrants to challenge their removal while sparking debates on legal implications and human rights.


The US Supreme Court has given clearance to President Donald Trump to invoke the rarely used wartime powers under the 1798 Alien Enemies Act to expedite the deportation of individuals alleged to be gang members. A previous ruling by a lower court had blocked the deportation of purported Venezuelan gang members to El Salvador, citing a requirement for further scrutiny of actions taken under the Act. The Trump administration claims these individuals are members of the Tren de Aragua gang, which it alleges is engaging in "irregular warfare" against the US.

In a decision rendered on Monday, the justices required that any deportees must be allowed an opportunity to contest their removal. "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, emphasizing legal processes must be upheld. However, the court also noted that the initial challenge, brought forth by the American Civil Liberties Union (ACLU) on behalf of five migrants, was improperly filed in a Washington DC court instead of Texas, where the detainees are held.

Justice Amy Coney Barrett, a conservative, joined three liberal justices in dissent from the majority ruling, expressing concerns that the administration's current actions could pose a serious threat to the rule of law. Trump subsequently hailed the ruling as a "great day for justice in America," claiming it allows the President to secure borders and protect the nation.

The ACLU claimed the overall ruling was a significant victory, highlighting the requirement for individuals to receive due process to challenge their deportations. Critics argue that Trump’s administration has misused the Alien Enemies Act, which hasn't been employed since World War II. This law grants the President the power to order the detention and deportation of citizens from an "enemy" nation without traditional legal protocols.

At least 137 individuals have already been deported under the Act, prompting backlash from human rights organizations. While the Trump administration insists that all deported persons were gang members, there are claims that many detainees do not have criminal records, and some families assert that their relatives were wrongfully identified as gang members.

The Supreme Court's ruling overturns a previous decision by federal judge James Boasberg, who criticized the government's response as "woefully insufficient" and had paused the deportations. Critics note that the extraordinary measures taken by the Trump administration to invoke this law raise important constitutional questions regarding the scope of presidential power concerning immigration enforcement.

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