Washington, D.C., April 8, 2025 — The United States Supreme Court has ruled 5-4 in favor of the Trump administration, allowing federal authorities to resume deportations of Venezuelan nationals allegedly linked to the Tren de Aragua criminal gang. The ruling upholds the use of the Alien Enemies Act of 1798, a centuries-old law traditionally reserved for wartime powers.
The decision overturns a previous order that had temporarily blocked these deportations, following legal challenges from immigrant rights groups. The ruling represents a significant victory for former President Donald Trump’s immigration policy framework, which continues to influence U.S. legal battles amid his 2024 re-election campaign.
Deportations Can Resume — But With Limits
In the majority opinion, the Court ruled that while the federal government may proceed with deportations under the Alien Enemies Act, individuals facing removal must be allowed to challenge their detention through habeas corpus proceedings in appropriate federal courts — primarily in Texas, where they are being held.
The Supreme Court declined to rule on the broader constitutional question of whether the law can be used outside of formal war declarations, leaving room for continued litigation.
Dissent Expresses Due Process Concerns
Justice Sonia Sotomayor, writing for the four liberal justices in dissent, warned the ruling could result in inconsistent legal standards and potential due process violations. She noted that many detainees were denied the opportunity to contest their deportation due to conflicting regional court decisions.
“This approach risks arbitrary and unequal application of the law depending on geography,” Sotomayor wrote.
Controversial Use of a Historical Law
The Alien Enemies Act, originally passed in 1798 during tensions with France, authorizes the president to detain or deport non-citizens from hostile nations. While rarely invoked in modern times, the Trump administration argued that the escalating threat posed by international criminal organizations warranted its application.
The administration came under scrutiny for proceeding with some deportations even after a verbal court order had initially halted the action — a point raised by civil liberties groups in court filings.
The American Civil Liberties Union (ACLU), which represents several of the detained Venezuelans, criticized the ruling and vowed to continue legal efforts challenging the law’s relevance and its application in this context.
What’s Next?
Although the decision allows deportations to resume, the case is far from over. Civil rights advocates and immigration attorneys are expected to continue challenging the underlying authority of the Alien Enemies Act, particularly its use in cases not involving declared war.
