In a landmark decision, the Supreme Court has paved the way for the Trump administration to utilize a centuries-old law to deport illegal alien gang members from the United States. The ruling, handed down on Monday, endorses the administration’s use of the 1798 Alien Enemies Act, marking a significant victory in its ongoing efforts to remove criminal illegal aliens from the country.
The high court’s 5-4 decision overturned a previous ruling by a lower court judge who had temporarily halted the Trump administration’s enforcement of the law. That earlier block came in a case involving five Venezuelan nationals, but the Supreme Court’s order now allows the policy to move forward, affecting a broader group of individuals identified as gang members. The majority opinion, supported by most of the court’s conservative justices, framed the presence of alien gangs in the U.S. as a modern equivalent to a foreign “invasion or predatory incursion,” justifying the application of the historic statute.
Justice Amy Coney Barrett, while aligning with the conservative bloc, issued a partial dissent, diverging slightly from her colleagues. The court’s three liberal justices dissented as a group, highlighting a sharp ideological divide on the issue. Beyond affirming the law’s use, the Supreme Court also ruled that the original case was filed in the wrong jurisdiction, noting that the detainees are held in Texas, not the District of Columbia, where the lower court case was initially brought.
In a concurring opinion, Justice Brett Kavanaugh emphasized that all nine justices agreed on one key point: each affected individual must have access to judicial review. The disagreement, he clarified, centered solely on the location where such reviews should take place, not on whether they should occur.
The decision comes on the heels of another legal win for the Trump administration. In a separate case, the White House successfully challenged a lower court’s order to return a Salvadoran national, who had been deported, back to the U.S. by a midnight deadline. Chief Justice John Roberts intervened, staying the order and giving the administration until Tuesday evening to respond, citing jurisdictional complications.
The Trump administration has hailed the rulings as critical steps in its broader immigration enforcement strategy, leveraging the Alien Enemies Act to expedite deportations of those it deems threats to public safety. Critics, however, argue that the use of an 18th-century law in this context raises questions about due process and the scope of executive power. As the policy takes effect, its implementation—and the promised judicial reviews—will likely remain under intense scrutiny.
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