Supreme Court Allows Trump to Temporarily Enforce Alien Enemies Act for Rapid Deportations

In a significant legal victory for former President Donald Trump, the U.S. Supreme Court on Monday approved the temporary enforcement of the Alien Enemies Act (AEA) — a centuries-old wartime law — to expedite the deportation of certain noncitizens, including alleged gang members. The decision permits the government to proceed with removals under the 1798 statute while ongoing litigation continues in lower courts.

Supreme Court Overturns Lower Court Injunction

The Supreme Court’s unsigned ruling effectively overturned a prior order by U.S. District Judge James Boasberg, who had temporarily blocked Trump’s administration from using the AEA against five Venezuelan nationals and a broader class of potential deportees. Trump’s legal team appealed to the high court, asserting that the case raised urgent questions about presidential authority in national security and immigration matters.

The justices granted Trump’s emergency request, allowing immigration officials to invoke the AEA — a law originally designed to remove nationals from enemy countries during times of war — as a legal basis for swift deportation proceedings.

Conditions Set: Migrants Must Be Given Notice and Review Opportunity

While the ruling gives Trump leeway to proceed with removals, the Supreme Court emphasized key due process requirements. Migrants subject to deportation under the AEA must be given adequate notice and time to challenge their removal through habeas corpus petitions.

“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,” the order states.

This condition aims to safeguard the constitutional rights of detainees while allowing the administration to carry out its immigration strategy.

Justices Split in Opinions

The court’s decision was not unanimous. The three liberal justices dissented, arguing the law’s application raises serious civil liberties concerns and risks unjust deportations. Justice Amy Coney Barrett, although a member of the court’s conservative bloc, also partially dissented, underscoring internal divisions about the statute’s modern relevance.

Legal and Political Ramifications

The ruling reignites debate around the Alien Enemies Act, a law dating back to the John Adams administration, which was historically used in times of declared war — notably against nationals from hostile countries during World Wars I and II. Trump’s administration has sought to revive and reinterpret the law to deal with what it describes as national security threats from transnational criminal networks.

Immigrant advocacy groups and legal experts have warned that using the AEA in this manner could set a dangerous precedent, allowing future administrations to bypass traditional immigration laws under the guise of wartime powers.