In a sharply divided 5–4 decision on Monday, the U.S. Supreme Court gave the green light to the Trump administration to use a centuries-old wartime law to deport suspected gang members, marking a significant victory for the former president's controversial immigration enforcement agenda.
The Court lifted a lower federal judge’s order that had blocked President Trump from using the Alien Enemies Act of 1798 to deport alleged members of the Venezuelan gang Tren de Aragua to El Salvador. The majority decision allows Trump to continue invoking the long-dormant statute, historically used during times of declared war, to expedite the removal of individuals deemed threats to national security.
The ruling emphasized that while the administration can proceed with deportations under the law, immigrants facing removal must be given a fair opportunity to challenge their deportation in court. Specifically, detainees must be notified "within a reasonable time" and must file any legal challenges in Texas, where they are currently held, rather than in Washington, D.C.
“The detainees subject to removal orders under the [Alien Enemies Act] are entitled to notice and an opportunity to challenge their removal,” the Court stated. “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 majority opinion was unsigned, a common practice for emergency decisions, but conservative Justice Amy Coney Barrett notably issued a partial dissent. The Court’s three liberal justices—Justices Sotomayor, Kagan, and Jackson—dissented in full.
Background and Legal Battle
The legal battle stems from an emergency order issued last month by U.S. District Judge James Boasberg in Washington, D.C., who temporarily halted deportations of alleged gang members under the 1798 law. Appointed by President Obama, Boasberg had extended the restraining order until at least April 12 and was set to hold a hearing this week to consider a longer-term block.
The Trump administration swiftly appealed to the Supreme Court after the D.C. Circuit Court declined to lift the restraining order. One day before Boasberg’s next hearing, the Supreme Court ruled in favor of the administration, effectively ending the judge’s efforts to pause the deportations.
In a dramatic twist, Boasberg had previously ordered the immediate return of deportation flights that had already taken off for El Salvador, carrying individuals allegedly affiliated with Tren de Aragua. The administration, however, claimed the planes had already departed before the judge's written order was issued and refused to reverse course.
Controversial Use of the Alien Enemies Act
The Alien Enemies Act, enacted in 1798, has been used only three times in American history—during the War of 1812, World War I, and World War II. Its revival in the context of undocumented immigrants and suspected gang members is a legal first and has sparked heated debate over its constitutionality and scope.
Trump has defended the move as a necessary step to address what he calls the "foreign invasion" of violent gangs, pointing to the Biden administration's previous immigration policies as contributing to the rise of such groups in the U.S.
In February, the State Department designated Tren de Aragua, along with seven other criminal organizations from Latin America, as foreign terrorist groups. The classification gave the Trump administration broader authority to pursue and remove alleged members under existing national security laws.
Reaction
Trump took a victory lap on Truth Social, his social media platform, shortly after the ruling was handed down.
“A GREAT DAY FOR JUSTICE IN AMERICA!” Trump wrote. “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.”
Critics argue the ruling opens a dangerous precedent by stretching wartime powers far beyond their original intent. Civil liberties organizations like the ACLU and Democracy Forward, who brought the lawsuit, say they will continue fighting the administration’s efforts in court.
“Using a law written for wartime enemies to deport people based on allegations alone is not only legally suspect—it’s morally wrong,” said ACLU legal director David Cole in a statement.
What’s Next?
With the Supreme Court’s ruling now in effect, the Trump administration can resume deportations under the Alien Enemies Act, though legal challenges are expected to continue in Texas federal courts.
