Supreme Court Blocks Trump’s Use of 1798 Wartime Law in Controversial Deportation Effort

 

In a landmark decision that could reshape the boundaries of presidential power, the U.S. Supreme Court has struck down former President Donald Trump’s latest legal maneuver—an attempt to revive the Alien Enemies Act of 1798 to carry out rapid deportations of Venezuelan nationals. The case, which stirred both legal and ethical debate, marks the first time in modern history that the courts have directly rebuked the use of this centuries-old law in peacetime immigration policy.

The Law That Time Forgot

Originally passed during the Adams administration, the Alien Enemies Act was crafted to allow the government to detain or deport nationals from enemy nations during declared wars. It was used most notably during World War II, leading to the internment and surveillance of individuals from Axis powers. But outside that context, the law has gathered dust—until now.

Trump, seeking to combat what he describes as a wave of "foreign-backed criminal threats," reactivated the statute as part of his broader immigration crackdown, targeting members of the Venezuelan Tren de Aragua gang. According to his legal team, the group constituted a "hostile foreign entity" engaged in subversive activities tantamount to war.

In his own words, Trump stated in a March 2025 rally: “We’re under invasion. It’s not tanks and missiles—it’s gangs, drugs, and destruction. If the Constitution gives me power to defend the country, I will use it—even if the law is 227 years old.”

Deportation Blitz and Immediate Legal Backlash

The Trump administration's Department of Homeland Security began implementing the policy by detaining over 300 Venezuelan nationals in Texas, Arizona, and Maryland. Many were slated for expedited deportation to El Salvador's controversial CECOT supermax prison, despite not having been convicted of crimes in the U.S.

One detainee, 23-year-old Kilmar Abrego Garcia, a Venezuelan asylum seeker with no criminal record, was mistakenly deported before his legal counsel could intervene. He was later discovered held incommunicado in CECOT, sparking international outrage and calls for accountability.

Immigration advocacy groups and civil liberties organizations moved quickly to file emergency injunctions. “This was due process thrown out the window,” said Maria Ramirez, legal director of the Refugee Defense Coalition. “These individuals weren’t given a fair hearing or time to defend themselves. Many were simply rounded up, accused, and shipped away.”

Supreme Court Steps In

On May 16, 2025, in a 6-3 decision, the Supreme Court ruled that the administration’s actions constituted a violation of constitutional rights, particularly the right to habeas corpus. Writing for the majority, Chief Justice John Roberts emphasized, “Even under the broadest interpretation of executive wartime authority, the protections afforded to individuals on U.S. soil—citizen or not—cannot be suspended arbitrarily or retroactively under laws intended for foreign combatants in declared war.”

The Court stopped short of declaring the Alien Enemies Act itself unconstitutional, but effectively neutered its use in any non-wartime scenario, calling the administration’s application “a dangerous precedent of historical misuse.”

The ruling sends the case back to the Fifth Circuit for further proceedings but leaves little room for the administration to act under this law again without a formal declaration of war.

Trump Responds: “They Handed Our Country to Criminals”

Never one to back down, Trump blasted the decision in a Truth Social post: “The Supreme Court has just made America less safe. They sided with gang members and foreign thugs over our own families. Maybe it’s time to suspend habeas corpus and fight back.”

He followed up with a fiery speech in Phoenix where he floated the idea of invoking Article I, Section 9 of the Constitution, which allows for the suspension of habeas corpus “in cases of rebellion or invasion.” Legal scholars quickly rejected this interpretation, noting that “gang activity,” however severe, does not meet the constitutional threshold.

“This is classic Trump—expanding wartime powers to peacetime politics,” said Professor Linda Everett of Georgetown Law. “We’re not at war with Venezuela. We’re not under invasion in the legal sense. This was an attempt to rule by decree.”

Human Rights Groups Sound the Alarm

The case has elevated concerns among human rights observers. Amnesty International reported that many of the deported Venezuelans now face severe mistreatment and abuse in El Salvador, including torture and indefinite detention. The Inter-American Court of Human Rights has called for an inquiry, citing possible violations of international law.

“These are not theoretical risks,” said human rights attorney Raul Pineda. “These are real people, being subjected to real harm, because a president wanted to test the limits of an 18th-century statute.”

What Happens Next?

Although the immediate threat of mass deportations under the Alien Enemies Act has been neutralized, the ruling does not close the door on future attempts to use dormant laws for modern political goals. Trump, or another future president, could still attempt to reinterpret other archaic statutes in similar fashion, particularly if facing an ideologically aligned judiciary.

Congressional Democrats have already introduced a bill to repeal the Alien Enemies Act entirely, calling it “a legal relic incompatible with modern democratic values.” Meanwhile, civil liberties groups are pushing for broader reforms to immigration detention practices and executive deportation powers.

Conclusion

The Supreme Court’s decision serves as a powerful reminder of the enduring importance of due process and constitutional limits—even when national security is invoked. In halting the Trump administration’s controversial policy, the Court upheld the principle that emergency powers must not become a backdoor to unchecked authority. As the legal and political dust settles, one thing is clear: America's past cannot be so easily rewritten into its future.

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