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Monday, April 21, 2025

US Supreme Court Gives Trump Power to Use 18th Century Wartime Law for Deportation

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WASHINGTON D.C, USA – The US Supreme Court has ruled in favour of President Donald Trump‘s use of the rarely-invoked 1798 Alien Enemies Act, enabling the rapid deportation of alleged gang members, specifically members of the Tren de Aragua gang, to El Salvador.

This decision comes after a lower court temporarily blocked the deportations, citing the need for further review of the law’s application.

On Saturday, March 15, 2025, a lower court had issued a temporary halt to the deportations, arguing that actions under the Alien Enemies Act required further examination.

The Trump administration had argued that the migrants in question, alleged members of the Tren de Aragua gang, were engaged in “irregular warfare” against the US and therefore qualified for removal under the law.

While the ruling is seen as a victory for the Trump administration, the Supreme Court justices clarified that the deportees must be given an opportunity to challenge their removal.

The justices ruled that individuals must be afforded a chance to seek habeas relief before their removal occurs, but the court also stated that the proper venue for these challenges should be in Texas, where the detainees are currently being held.

The ruling has sparked mixed reactions.

Trump celebrated the decision, calling it a “great day for justice in America,” and emphasizing the importance of securing the US borders.

He praised the decision for upholding the “Rule of Law” and protecting American families and the nation.

However, the American Civil Liberties Union (ACLU), which had filed the case on behalf of the migrants, called the ruling a significant victory for due process.

The ACLU noted that the court had affirmed the right of individuals to challenge their removal under the Alien Enemies Act, even if the process would need to start anew in a different court.

The Alien Enemies Act, passed in 1798, grants the US president sweeping powers to order the detention and deportation of nationals or citizens from a country the US deems an “enemy” without following standard legal procedures.

Although the Act was last used during World War II, the Trump administration invoked it to target individuals allegedly connected to the Tren de Aragua gang, a criminal organization involved in sex trafficking, drug smuggling, and murders in the US and beyond.

While immigration officials claim that the detainees were carefully vetted and verified as gang members, many of the deportees lack criminal records in the US.

Some relatives of the deported individuals have expressed concerns that their loved ones were wrongly identified as gang members, in part due to their tattoos, which are commonly associated with the gang.

The ruling vacates a prior decision by Judge James Boasberg, which had blocked the deportations, and clears the way for the Trump administration to continue using the Alien Enemies Act for deportations.

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