Supreme Court Greenlights Trump’s Wartime Deportation Strategy Under 1798 Law

Supreme Court permits use of the Alien Enemies Act for deportation of alleged gang members

Supreme Court Greenlights Trump’s Wartime Deportation Strategy Under 1798 Law

DECK
Rare wartime-era law revived as Supreme Court permits rapid migrant deportations; critics slam the move as an overreach of executive power.

KEY FACTS

• What: Supreme Court permits use of the Alien Enemies Act for deportation of alleged gang members

• Where: Migrants detained in Texas; legal challenge filed in Washington, D.C.

• When: Ruling issued Monday, April 8, 2025

• Why: Trump administration alleges gang links amount to irregular warfare

• How: Deportations executed via agreement with El Salvador; legal challenge redirected to Texas court

• Casualties: Rights groups warn of wrongful deportations and lack of due process

SITUATION SNAPSHOT 
In a contentious legal turn, the Supreme Court has paved the way for President Donald Trump to invoke a centuries-old wartime law to accelerate the deportation of alleged gang members. Detainees, flown out under heavy security, were processed swiftly while family members and rights advocates watched in disbelief outside detention centers in Texas.

WHAT WE KNOW 
The Supreme Court's unsigned opinion ruled that the challenge brought by the ACLU was filed in the wrong jurisdiction and must be reinitiated in Texas, where the migrants are being held.
Justices emphasized that while the government may proceed with deportations, individuals must be given "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 administration cited the Alien Enemies Act of 1798, originally designed for use during declared wars, as the basis for its actions. Trump’s team argued that the alleged members of the Venezuelan gang Tren de Aragua are conducting "irregular warfare" against the United States.

WHAT’S NEXT 
The ACLU is expected to refile its case in Texas, shifting the legal battle to a new venue. Further deportations are anticipated as immigration officials intensify efforts under the revised policy. Analysts are watching closely for potential international fallout and domestic political backlash.

VOICES ON THE GROUND
"We are disappointed that we will need to start the court process over again in a different venue but the critical point is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act," — Lee Gelernt, lead ACLU attorney.

"The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself," — Donald Trump, on Truth Social.

"There's no question in our mind that the law is being violated," — Lee Gelernt, ACLU, in an interview with BBC News.

CONTEXT 
The Alien Enemies Act, passed in 1798 amid fears of war with France, allows the U.S. president to detain or deport citizens of enemy nations during times of conflict or threat. Historically, it has been invoked only three times—during the War of 1812, World War I, and most notably during World War II, when 120,000 Japanese Americans and others of German and Italian descent were interned.

This marks the first time the act has been used absent a formal war declaration. Legal scholars and civil rights groups argue the move may set a dangerous precedent by broadening the scope of executive wartime powers.

REPORTER INSIGHT
Standing outside a detention facility in Texas, the tension is unmistakable. Families wait anxiously for news, holding up photographs and documents. The air is thick with unanswered questions—many simply want to know why their loved ones were targeted.