US Supreme Court backs Trump’s use of wartime law for migrant deportations

The US Supreme Court has temporarily allowed former President Donald Trump to proceed with deporting alleged gang members using the rarely-invoked Alien Enemies Act of 1798, a centuries-old wartime statute. However, the justices emphasized that individuals must be given a chance to legally contest their removal.

The decision overturns a lower court’s order from March 15, which had blocked the deportation of several Venezuelan nationals. That court had called for further legal review into the Trump administration’s use of the act—originally passed in anticipation of war with France—to target migrants accused of being part of the Tren de Aragua gang.

President Trump had labeled the group a threat engaging in "irregular warfare" against the United States, justifying the use of the 1798 law. While the ruling is being hailed by Trump as a "great day for justice," the Supreme Court's unsigned decision stresses that migrants must be given adequate notice and a fair opportunity to challenge their deportation before it occurs.

Notably, Justice Amy Coney Barrett joined the court’s three liberal justices in dissent, warning that the administration’s legal tactics posed “an extraordinary threat to the rule of law.”

Despite the court's overall decision, both sides claimed partial victories. Trump praised the ruling on his Truth Social platform, asserting it reaffirmed presidential authority to protect national security and enforce border control. Meanwhile, the ACLU underscored the importance of the due process provision, vowing to refile the case in the appropriate court.

To date, over 130 individuals have been deported under the Alien Enemies Act during Trump’s campaign against what he calls foreign criminal organizations. Critics argue the law is being misapplied in peacetime, especially given its past usage was limited to declared wartime scenarios, such as World War II.

While US immigration authorities maintain that those deported were confirmed members of Tren de Aragua—a transnational gang tied to serious crimes including trafficking and homicide—some deportees’ families claim the men were misidentified due to tattoos or simply being in the wrong place at the wrong time.

The Supreme Court’s move reverses a prior ruling by Judge James Boasberg, who criticized the government’s compliance as “woefully insufficient.” His temporary injunction had aimed to halt the flights, though officials said deportation had already begun before the order was issued.

Rights organizations have sharply condemned the administration’s reliance on the 18th-century statute, arguing it bypasses modern standards of justice and risks sweeping up innocent individuals in the name of national security.