The US supreme court on Monday lifted a lower court’s order that had blocked the deportation of undocumented Venezuelan migrants under the 1798 Alien Enemies Act (AEA)—a wartime law.
In a narrow 5–4 ruling, the justices allowed deportations to resume, siding with the Trump administration’s decision to expel the migrants under a proclamation targeting the Venezuelan gang Tren de Aragua. However, the court also said that those deported under the AEA must be given a fair chance to challenge their removal in court.
Trump praised the court’s decision in a post on his Truth Social: “The supreme court has upheld the rule of law in our nation by allowing a president, whoever that may be, to be able to secure our borders, and protect our families and our country, itself. A great day for justice in America!”
What is Alien Enemies Act?
The Alien Enemies Act is a wartime law that gives the president the power to deport immigrants from countries considered enemies during a time of war.
During his campaign, Donald Trump said he planned to use the Act, which has not been enforced since World War II, when it was used to detain Japanese Americans.
The law is meant to be used when the US is at war with another country, or if a foreign nation attacks or threatens to attack the US.
To use the Act, the president must officially declare the event that triggered its use. The law stays active until the president ends it.
The Trump administration argued that foreign drug cartels could be treated as an “invasion” or “predatory incursion,” allowing it to invoke the law.