Court Revives Wartime Law with Safeguards for Deportations
In a 5-4 decision on April 7, the U.S. Supreme Court granted President Donald Trump’s application to vacate lower court orders, affirming his authority to use the Alien Enemies Act of 1798 to detain and deport Venezuelan nationals identified as members of the Tren de Aragua (TdA) gang. The ruling, Donald J. Trump, President of the United States, et al. v. J. G. G., et al., clears the way for removals under a wartime statute invoked by Trump’s Proclamation No. 10903, issued March 15.
Read More
The Court vacated two temporary restraining orders (TROs) from the District Court for the District of Columbia, which had blocked the removal of five named Venezuelan detainees and a provisionally certified class of “all noncitizens in U.S. custody who are subject to” the Proclamation. The majority held that challenges to removal under the Alien Enemies Act “must be brought in habeas” in the district of confinement—here, Texas—not D.C., rendering the TROs invalid. “For ‘core habeas petitions,’ ‘jurisdiction lies in only one district: the district of confinement,’” the Court stated, citing Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004).
Alien Enemy Confirmed
The ruling stems from Trump’s invocation of the 1798 law to target TdA, designated a foreign terrorist organization by the State Department. The Proclamation defines “alien enemy” as “all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States” (90 Fed. Reg. 13034). Trump praised the decision, stating on social media, “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, itself.”
While limiting judicial review under the Act, the Court emphasized procedural safeguards. “AEA detainees must receive notice after the date of this order that they are subject to removal under the Act,” the majority wrote. “The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.” This requirement, rooted in Fifth Amendment due process, ensures detainees can challenge their status as TdA members or the Act’s applicability.
Deporting Criminals Can Proceed
Supporters view it as a win for border security, targeting a gang linked to human trafficking, drug trafficking. Justice Sonia Sotomayor’s dissent questioned the Act’s scope, but the majority countered that “today’s order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal.”
With the TROs lifted, Trump’s deportation efforts can proceed, including flights that have already sent over 200 Venezuelans to El Salvador’s CECOT prison since March.
