The United States Supreme Court has temporarily cleared the path for President Donald Trump to deport alleged Venezuelan gang members using the seldom-invoked Alien Enemies Act, a wartime powers law dating back to 1798.
The ruling, issued on Monday, vacated an earlier decision by a federal court in Washington DC which had blocked the deportation of five migrants on 15 March, pending further legal scrutiny of the administration’s use of the law.
The Trump administration claims the individuals are members of Tren de Aragua, a transnational gang that the president recently designated a foreign terrorist organisation. Trump has said the group is “conducting irregular warfare” against the US and thus qualifies for removal under the Alien Enemies Act.
In an unsigned decision, the justices concluded that while the deportation challenge itself was filed in the wrong venue, due process must still be observed: “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.
The ruling means deportees may still challenge their removal, but must do so in Texas, where they are detained, rather than in Washington DC.
Conservative Justice Amy Coney Barrett joined the Court’s three liberal justices in dissent, warning: “The administration’s conduct in this litigation poses an extraordinary threat to the rule of law.”
Nonetheless, Trump hailed the decision as a major triumph, writing on Truth Social: “The Supreme Court has upheld the Rule of Law… allowing a President to secure our Borders and protect our families.”
The American Civil Liberties Union (ACLU), which brought the initial challenge on behalf of the five migrants, also framed the decision as a partial victory.
“The critical point is that the Supreme Court said individuals must be given due process to challenge their removal,” said Lee Gelernt, lead ACLU attorney.
The Alien Enemies Act has not been used since World War Two and has historically applied only in times of formal war declared by Congress—something legal experts argue has not occurred in this case. Rights groups have sharply criticised the law’s revival, calling it a dangerous precedent and accusing the administration of “economic and legal overreach”.
At least 137 individuals have been deported under the Act so far. While US officials insist that deportees were “carefully vetted” and confirmed as gang members, many of the men reportedly have no US criminal records. Some families claim their relatives were wrongfully identified based on tattoos or associations, and allege they were swept up in a broad immigration crackdown.
Despite the Supreme Court decision, legal challenges are expected to continue in Texas courts, as the broader implications of using wartime powers in peacetime remain deeply contested.
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