The U.S. Supreme Court has ruled in favor of the Trump administration’s use of the 1798 Alien Enemies Act to deport alleged Venezuelan gang members, lifting a previous block on the deportations.
On March 15, 2025, President Donald Trump invoked the Alien Enemies Act to expedite the removal of individuals suspected to be part of the Tren de Aragua gang, a Venezuelan criminal organization. This law, historically utilized during wartime, grants the president authority to detain and deport non-citizens deemed threats to national security.
The American Civil Liberties Union (ACLU) challenged this action, arguing that the Act applies only during declared wars or invasions, neither of which pertain to Venezuela. U.S. District Judge James Boasberg initially halted the deportations, citing concerns over presidential overreach.
Despite the block, the administration proceeded with deporting 238 Venezuelan men to El Salvador’s “Terrorism Confinement Center,” asserting that the flights were already en route at the time of the judge’s order.
In a narrow 5-4 decision, the Supreme Court lifted the lower court’s injunction, allowing deportations to continue. The ruling emphasized that detainees must receive timely notice and an opportunity to challenge their removal in court. The Court did not address the broader question of the Act’s applicability in this context.
Justice Sonia Sotomayor, in her dissent, criticized the majority for acting hastily and expressed concerns over the risks of scattered individual cases. Reuters+1New York Post+1
President Trump praised the decision as a significant victory for his immigration policies, reaffirming his commitment to removing individuals he deems threats to national security.
