ALIEN ENEMIES ACT: SCOTUS gives POTUS a big win, but Trump supporters need to read the fine print

PUBLISHED APR 8, 2025

Minister of Justice and Public Security Héctor Villatoro, (R), accompanies Department of Homeland Security Secretary Kristi Noem, (C), during a tour of the Terrorist Confinement Center (CECOT) on March 26, 2025 in Tecoluca, El Salvador.

Washington D.C.: In a huge victory for President Donald Trump, the Supreme Court ruled 5-4 on Monday that his administration could invoke the Alien Enemies Act of 1798 to deport alleged Venezuelan gang members. The decision overturned a lower court’s injunction, allowing deportations to proceed.

Trump had declared members of the Tren de Aragua gang as terrorists, and his administration rounded up suspected individuals for deportation to Venezuela and El Salvador. However, US District Judge James Boasberg — who was elevated to his seat by Barack Obama — blocked the effort in March, arguing that the Alien Enemies Act was intended for wartime scenarios, not immigration enforcement.

The case stemmed from a lawsuit by Venezuelan detainees, represented by the ACLU, who argued that Trump overstepped his powers.

The Supreme Court’s unsigned ruling did not address the legality of Trump’s use of the 18th-century law but instead determined that legal challenges must be filed in the jurisdiction where detainees are held — likely Texas, not Washington, D.C. The majority also emphasized that detainees must receive proper notice and an opportunity to seek judicial review before removal.

Trump celebrated the decision on Truth Social, calling it a “GREAT DAY FOR JUSTICE IN AMERICA” and asserting that the ruling upheld presidential authority to secure borders. Meanwhile, dissenting justices, including conservative Amy Coney Barrett and the court’s liberals, opposed the decision.

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The case stemmed from a lawsuit by Venezuelan detainees, represented by the ACLU, who argued that Trump overstepped his powers, as the Alien Enemies Act applies only during war or invasion. Some deportees’ families deny gang affiliations, with one case involving a soccer player allegedly misidentified due to a Real Madrid tattoo.

Attorney General Pam Bondi praised the ruling as a win for the rule of law, while Trump previously attacked Judge Boasberg as a “Radical Left Lunatic".