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4w ago

Supreme Court Allows Trump Administration to Use Wartime Law for Deportations with Safeguards

The Court's ruling permits expedited deportations under the Alien Enemies Act but mandates due process protections for those affected.

Venezuelan migrants deported from the United States arrive at Simon Bolivar International Airport in Maiquetia, Venezuela, Sunday, March 30, 2025. (AP Photo/Cristian Hernandez)
Venezuelan migrants deported from the United States arrive at Simon Bolivar International Airport in Maiquetia, Venezuela, Monday, March 24, 2025. (AP Photo/Ariana Cubillos)
Left: Prisoners look out of their cell at maximum security penitentiary CECOT (Center for the Compulsory Housing of Terrorism) on April 4, 2025 in Tecoluca, San Vicente, El Salvador. Right: The U.S. Supreme Court is seen on April 07, 2025 in Washington, DC.

Overview

  • The Supreme Court ruled on April 8, 2025, that the Trump administration can invoke the Alien Enemies Act of 1798 to deport alleged Venezuelan gang members, provided procedural safeguards are in place.
  • The decision requires individuals subject to deportation to have the opportunity to challenge their removal through habeas relief in proper legal venues.
  • The administration has targeted alleged members of the Venezuelan gang Tren de Aragua, which has been designated as a foreign terrorist organization.
  • Critics, including civil rights groups, argue that using the Alien Enemies Act in peacetime represents an unprecedented expansion of presidential authority and risks wrongful deportations.
  • Historically invoked only during wartime, the Act’s use in this context has raised significant constitutional concerns about executive overreach and due process violations.