The Supreme Court has ruled that the Trump administration can invoke the Alien Enemies Act of 1798 to deport Venezuelan migrants alleged to have ties to gang activities. This decision lifts a previous temporary injunction on deportations set by a federal district court.

While affirming the use of the act, the Court mandated that Venezuelans facing deportation must be afforded a legal opportunity to contest any removal orders. Notably, the Court did not address the broader implications of Trump’s use of this act.

The Alien Enemies Act Explained

Established during a time of anticipated conflict with France, the Alien Enemies Act grants the president authority to detain and deport noncitizens in wartime. Historically, its application has been limited, with only three significant utilizations: during the War of 1812 and both World Wars. Most controversially, it was part of the legal basis for the mass internments of individuals of Japanese, German, and Italian descent during World War II.

Application of Wartime Laws During Peacetime

Under the Trump administration, the concept of an ‘invasion’ has been introduced to characterize immigration, particularly along the U.S.-Mexico border. In recent years, border apprehensions saw a notable rise, surpassing two million annually under the Biden administration.

The Trump administration has intensified its rhetoric around the migrant crisis, designating several Latin American gangs, including Tren de Aragua, as foreign terrorist organizations. On March 15, announcement coinciding with the deportations, Trump labeled the gang’s activities as attempts to infiltrate the U.S.

This approach has drawn criticism, with advocates asserting that Trump’s interpretation of wartime laws to navigate around established immigration protections poses serious threats to civil liberties across the board. Scott Michelman, legal director of the ACLU of the District of Columbia, condemned the administration’s maneuvering as “an outrageous and unlawful power grab.”

Legal Proceedings Surrounding Deportation Orders

The legal challenges began on March 15, the same day as the deportations, when the ACLU and Democracy Forward filed a preemptive lawsuit. They argued that five Venezuelan men detained in Texas faced imminent removal under the Alien Enemies Act. Initially, U.S. District Judge James E. Boasberg issued a ruling to halt these deportations, which led to an urgent appeal from the Justice Department. Despite the judge’s order, two ICE Air planes were already en route to Central America at the time.