Supreme Court Decision Enables Trump to Deport Alleged Gang Members Under Wartime Law

Sat Aug 16 2025 03:51:54 GMT+0300 (Eastern European Summer Time)
Supreme Court Decision Enables Trump to Deport Alleged Gang Members Under Wartime Law

The U.S. Supreme Court has allowed President Trump to utilize a historical law for rapid deportations amid ongoing immigration disputes.


The ruling has sparked debate over due process and the interpretation of the Alien Enemies Act in modern legal context.

In a pivotal ruling, the U.S. Supreme Court has authorized President Donald Trump to employ the rarely enacted wartime law known as the Alien Enemies Act to expedite deportations of suspected gang members. A lower court had temporarily halted the deportations of alleged Venezuelan gang members to El Salvador on March 15, citing the need for a thorough examination of the actions taken under this 1798 law. The Trump administration has labeled these individuals as members of the Tren de Aragua gang, which it claims is "conducting irregular warfare" against the U.S.

While the administration heralds this decision as a triumph, the Supreme Court's justices have emphasized that deportees must be afforded a reasonable opportunity to contest their removal. Specifically, the judgment notes that individuals must be granted notice and a viable chance to seek habeas relief prior to the execution of their deportation orders. The justices highlighted that the legal challenges must be appropriately filed in Texas, the state housing the detainees, as opposed to a Washington D.C. court where the matter was initially raised.

In dissent, conservative Justice Amy Coney Barrett joined her three liberal counterparts in expressing concerns about the ruling's implications for the rule of law. President Trump celebrated the ruling on Truth Social, proclaiming it a "great day for justice in America," and asserting that it reinforces presidential authority over border security.

The American Civil Liberties Union (ACLU) characterized the decision as a contested yet consequential win, emphasizing the necessity of due process for individuals facing deportation under the Alien Enemies Act. The ACLU's lead attorney, Lee Gelernt, acknowledged disappointment in the requirement to restart the legal process in a different jurisdiction while underscoring the Supreme Court’s recognition of due process rights.

Under the Trump administration, approximately 137 people have been deported under this wartime law, which has drawn significant criticism from human rights organizations. The Alien Enemies Act, last invoked during World War II, empowers the president to detain and deport individuals from nations deemed hostile without adhering to standard legal procedures. Initially enacted in a context anticipating war with France, its applicability in contemporary times raises eyebrows among legal experts and rights advocates.

Despite immigration officials asserting that the deportees underwent thorough vetting as gang affiliates, various detainees contest their identification as gang members, pointing to possible misidentifications stemming from tattoos or other profiles. The Supreme Court's ruling has vacated the previous blocking of deportations, a stance asserted by federal judge James Boasberg, who criticized the government's justification for these removals as "woefully insufficient." The administration's actions come amidst broader concerns regarding the context and implications of such extraordinary powers in present-day America.

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