Supreme Court Temporarily Allows Trump to Use Alien Enemies Act of 1798 for Deportations

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The Supreme Court temporarily approved President Donald Trump’s use of the Alien Enemies Act of 1798 to deport allegedly violent unauthorized migrants in an expedited fashion on Monday.

The Details: The Court voted 5-4 in favor of Trump’s invocation, with conservative Justice Amy Coney Barrett siding with the three liberal justices in dissent. It determined that the challenge brought by the American Civil Liberties Union (ACLU) on behalf of five migrants was improperly raised in Washington, D.C., and not in Texas, where the migrants are confined. The court also mandated that the deportees get a chance to challenge their deportations.

For Context: On March 15, a lower court temporarily blocked the deportation of what Trump’s administration alleged were members of the Venezuelan gang Tren de Aragua to El Salvador, determining that the actions taken under the 1798 Alien Enemies Act needed further examining. There has been recent reporting and a federal ruling that some of the migrants have been wrongfully deported, though they have not been able to return to the U.S. yet.

Key Quote: The dissenting justices wrote that “conduct in this litigation poses an extraordinary threat to the rule of law.” Trump wrote on 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.” The ACLU called the ruling “a huge victory” because “the critical point is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act.”

How The Media Covered It: Fox News (Right bias) included reactions from several prominent Trump administration officials. The Associated Press (Left) called the ruling “a bitterly divided decision.”

Written by the AllSides staff (of humans). Learn moreSupport our mission. Suggest an improvement to this summary.

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The Supreme Court on Monday allowed the Trump administration to use an 18th century wartime law to deport Venezuelan migrants, but said they must get a court hearing before they are taken from the United States.

In a bitterly divided decision, the court said the administration must give Venezuelans who it claims are gang members “reasonable time” to go to court.

But the conservative majority said the legal challenges must take place in Texas, instead of a Washington courtroom.

The US Supreme Court has cleared the way for President Donald Trump to use a rarely-invoked wartime powers law to rapidly deport alleged gang members - for now.

A lower court had temporarily blocked the deportation of alleged Venezuelan gang members to El Salvador on 15 March, ruling that the actions under the 1798 Alien Enemies Act needed further scrutiny.

Trump has alleged that the migrants were members of the Tren de Aragua gang "conducting irregular warfare" against the US and could therefore be removed under the Act.

The Supreme Court on Monday granted President Donald Trump’s request to vacate a lower court's ruling barring the administration from using a 1798 wartime immigration law to immediately deport Venezuelan nationals – including alleged members of the Tren de Aragua gang – from the U.S., marking a significant victory for the administration as it advances key immigration priorities.

Justices on the high court ruled 5-4 to grant the administration's request to lift the stay, in a temporary victory for Trump and his allies.