In a sharply divided 5-4 decision, the U.S. Supreme Court on Monday allowed the Trump administration to proceed with the deportation of certain Venezuelan nationals under the Alien Enemies Act of 1798—a wartime-era law rarely invoked in modern U.S. history. The decision applies to individuals the administration alleges are affiliated with the Venezuelan gang Tren de Aragua.
The ruling lifts a lower court’s stay that had temporarily blocked the deportations, permitting federal authorities to continue under the condition that individuals are granted a hearing and a “reasonable time” to contest their removal in court.
The Court’s conservative majority ruled that while the executive branch may invoke emergency deportation powers under the Alien Enemies Act, it must ensure constitutional due process is provided. Under the ruling, challenges to deportation must be heard in Texas—where many of the migrants are currently detained—rather than in federal courts in Washington, D.C.
The ruling follows a controversial move by President Donald Trump in March to invoke the Alien Enemies Act—its first public use since World War II. The administration has argued that Tren de Aragua presents a credible and immediate threat to national security, though critics have challenged both the gang’s scope and the use of such sweeping presidential powers.
Earlier, U.S. District Judge James Boasberg had issued a stay on deportations, citing lack of due process, and ordered that planes carrying deportees return to the U.S.—an order the administration reportedly complied with only partially.
The Supreme Court’s decision marks a partial victory for the Trump administration. While it restores a key enforcement mechanism, it also affirms the judiciary’s role in reviewing executive actions, a point highlighted by the four dissenting justices who warned of unchecked presidential power
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