Trump Celebrates Supreme Court Decision on Obscure Law for Deportations
The president is lauding a Supreme Court ruling that allows the use of an 18th-century wartime law to expedite mass deportations.
Since taking office on January 20, Donald Trump has focused on reducing immigration through various executive orders aimed at “reclaiming control” of the borders. This includes reinstating a wartime law to deport migrants accused of crimes while circumventing legal processes like court challenges.
The Alien Enemies Act of 1798, a little-known law created during tensions with France shortly after American independence from Britain, can be activated during a “declared war” or “any invasion or predatory incursion” against the U.S. by a foreign government. Once invoked, it remains in effect until terminated by the President.This legislation has been used sparingly throughout American history – most recently to justify internment camps for Japanese, German, and Italian citizens during World War II.
Now, the Trump administration is using it to authorize detention and deportation of citizens from “enemy” nations. At least 137 people have already been removed under the Act.
Last month, 261 individuals allegedly associated with the Venezuelan Tren de Aragua gang or MS-13 were deported to El Salvador’s notorious CECOT mega-prison using this legislation.
Though a lower court attempted to block these deportations on March 15 after the American Civil Liberties Union (ACLU) argued for further scrutiny, the Supreme Court ruled Monday (April 7) that the President can continue using the law to accelerate deportations of alleged gang members – with conditions.
The justices specified that deportees must be given the opportunity to challenge 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,” they wrote in an unsigned decision, adding, “The only question is which court will resolve that challenge.”
Trump celebrated the ruling on Truth Social: “The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself. A GREAT DAY FOR JUSTICE IN AMERICA!”
Interestingly, the ACLU also considers the ruling a win. Lead attorney Lee Gelernt stated: “We are disappointed that we will need to start the court process over again in a different venue but the critical point is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act.”