The US Supreme Court has temporarily permitted President Donald Trump to invoke the rarely used 1798 Alien Enemies Act to deport suspected gang members, a move that has stirred legal and human rights debates.

The decision overturns a lower court's order from 15 March, which blocked the deportation of five Venezuelan nationals accused of belonging to the Tren de Aragua gang. 

The lower court had questioned the administration’s use of the centuries-old law without further legal examination.

Trump's administration claimed the migrants were engaged in "irregular warfare" against the United States, justifying their removal under the wartime powers act. 

The Supreme Court, however, ruled that while the deportations may proceed, those affected must be granted a fair opportunity to challenge their removal through the legal system.

"The only question is which court will resolve that challenge," the unsigned ruling stated, directing that the case should have been filed in Texas, where the migrants are being held, rather than in Washington, D.C.

Justice Amy Coney Barrett joined the court’s liberal justices in dissent, warning that the administration’s approach "poses an extraordinary threat to the rule of law."

Though Trump hailed the ruling as a “great day for justice,” rights groups, including the American Civil Liberties Union (ACLU), emphasized the court’s recognition of due process rights. 

“It’s a major win that deportees must still be allowed to challenge their removal,” said ACLU attorney Lee Gelernt.

At least 137 individuals have been deported under the Alien Enemies Act so far, with rights advocates arguing many were misidentified as gang members—some allegedly targeted based on tattoos, not criminal records.

The controversial law, last used during World War II, allows deportation of nationals from enemy countries during wartime—though the US has not officially declared war in this case.

Source: BBC

BDST: 1447 HRS, APR 08, 2025
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