Image: REUTERS
The US Supreme Court has allowed former President Donald Trump to use a rarely used wartime law from 1798 to deport alleged gang members. This law, known as the Alien Enemies Act, gives the president power to remove people from countries seen as enemies during times of conflict. The court’s decision allows the deportations to continue — for now.
A lower court had earlier stopped the deportation of five Venezuelan men. The judge wanted more review of how the law was being used. Trump claimed the men were part of the Tren de Aragua gang, which he says is “conducting irregular warfare” against the US. Based on this, he ordered their removal using the old law.
While the court sided with the Trump administration, it also made one thing clear. Migrants still must get a fair chance to challenge their deportation before they are sent away. The ruling said migrants need time and opportunity to request a review in the correct court.
The court also pointed out that the original challenge, brought by a civil rights group, had been filed in the wrong place. It had been submitted in Washington, DC, but the migrants were held in Texas. So the court said the case must begin again in Texas.
Three liberal justices and one conservative, Amy Coney Barrett, disagreed with the ruling. They said the administration’s actions were dangerous for the rule of law. They worried it could set a bad example in future cases.
Trump welcomed the court’s decision. He posted on social media, calling it “a great day for justice in America.” He added that the ruling supports any president’s right to protect the country and its borders.
The civil rights group that brought the case also said they had won something important. Even though they must restart the legal fight in another court, they pointed out that the Supreme Court confirmed migrants have the right to challenge deportation under the Alien Enemies Act.
Since Trump started using this law, at least 137 people have already been deported. Human rights groups have strongly criticized this move. The Alien Enemies Act has not been used in this way since World War II. The law was created in 1798 when the US feared war with France. It lets the president detain or deport people from enemy countries without normal court hearings.
The Trump administration claims everyone deported belongs to the Tren de Aragua gang. This gang is involved in serious crimes like drug smuggling, sex trafficking, and murder. Trump recently labeled the group a foreign terrorist organization.
US officials say they carefully checked all deportees to make sure they are real gang members. However, many of them had no criminal record in the US. Some families say their loved ones were wrongly deported just because of tattoos or because they come from Venezuela.
The court’s decision cancels a previous ruling that had temporarily blocked the deportations. That judge had said the government's reply to his order was too weak. The White House argued his order wasn’t legal and added that two flights had already taken off by the time he spoke.
Experts and rights groups have called Trump’s use of the Alien Enemies Act unusual. They argue the law should only be used when Congress declares war, which has not happened.
