Supreme Court Upholds Deportation of Venezuelan Migrants Under Alien Enemies Act

The United States Supreme Court has permitted the Trump administration to employ the Alien Enemies Act, a law from 1798, to deport Venezuelan migrants whom the government suspects of gang affiliations. This ruling effectively negates a previous federal district judge’s order that temporarily halted such deportations.

Legal Protections for Alleged Gang Members

In its decision, the Court mandated that migrants identified as gang members must be given an opportunity to contest their deportation orders in court. However, the ruling did not address the legal justification for invoking the Alien Enemies Act itself.

Context of the Ruling

This legal development follows a recent operation in which the administration deported over 130 individuals alleged to be part of the Tren de Aragua gang to El Salvador, where they are being detained in a high-security prison. The Trump administration has classified this gang as an “invading force.”

Concerns About the Legal Process

Attorneys representing these individuals claim that their clients had no chance to dispute their deportation orders and argue that there is insufficient evidence linking them to gang activities. Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), emphasized the significance of the ruling, stating it is a “critical victory” for the right to challenge removal orders.

Implications of the Alien Enemies Act

Originally enacted in 1798 in anticipation of a potential conflict with France, the Alien Enemies Act grants the president the authority to detain and deport noncitizens during wartime. Historically, this law has seen limited application, primarily during the War of 1812 and both World Wars, where it was part of the justification for the internment of Japanese-American citizens among others.

Using Wartime Measures in Peacetime

The Trump administration has characterized the situation at the U.S.-Mexico border as a national security threat. With border arrests exceeding two million annually under President Biden, the administration has adopted a military-like discourse, labeling numerous Latin American criminal organizations as “foreign terrorist organizations.”

In an announcement coinciding with the deportations on March 15, Trump described Tren de Aragua as attempting an “invasion” of the U.S., prompting critics to accuse him of misapplying a law intended for wartime use.

Lawsuit Overview

In response to the deportations, the ACLU and Democracy Forward filed a preemptive lawsuit hours ahead of the operations, claiming that five Venezuelan men detained in Texas faced imminent removal under the Alien Enemies Act. A U.S. District Judge initially blocked the deportations, leading to an urgent appeal from the Justice Department.

Subsequently, the court order prohibiting deportations was issued, but not before two planes operated by Immigration and Customs Enforcement (ICE) were already en route to Central America.

—Reported by Mark Sherman and Tim Sullivan, Associated Press.