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Aman Butani

Alien Enemies Act: SC allows Trump to invoke war-time law for deportations

Alien Enemies Act: SC allows Trump to invoke war-time law for deportations
The US Supreme Court has allowed President Trump to resume deportations of Venezuelan migrants using a 1798 wartime law. While the decision gives the administration a win, it also ensures that deportees can challenge their removal in court. The ruling opens the door for more legal battles ahead, leaving the future of these deportations uncertain.
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The US Supreme Court has sided with President Donald Trump, allowing the use of a centuries-old wartime law to deport Venezuelan migrants. This decision lifts a lower court's ban that had blocked deportations under the 1798 Alien Enemies Act (AEA).

The ruling means the Trump administration can now proceed with deporting undocumented Venezuelans, many of whom are suspected gang members, though there’s still a legal window for these individuals to challenge their removal.

In a 5-4 decision, the conservative-dominated Supreme Court made it clear that while the AEA can be used to deport certain migrants, they must also be given a chance to contest their deportation in court. This decision comes after a federal judge had halted deportations in March, claiming that the migrants’ legal rights were being ignored.

Trump had called for the deportations of Venezuelan migrants, specifically targeting members of the Tren de Aragua gang, using the Alien Enemies Act, a law traditionally applied during wartime. Some deportees, however, argue they were wrongly detained and targeted based on little more than tattoos, rather than any criminal activity.

After the ruling, Trump took to social media to celebrate the decision. “The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to secure our Borders and protect our families and our Country,” he wrote on Truth Social. “A GREAT DAY FOR JUSTICE IN AMERICA!”

While the Supreme Court allowed the deportations to resume, the legal battle isn’t over. The court's decision was based on a technicality about where the case should be heard, noting that the migrants who sued were in Texas, while the case had been filed in Washington D.C. This leaves the door open for further challenges to the use of the AEA in this manner, which could be addressed by lower courts in the future.

For now, the Trump administration has received a green light to continue deportations, but the complex legal questions surrounding the use of the Alien Enemies Act remain unsettled.

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