Now Trump can resume deportation, as court lifts order from Alien Enemies Act

However, the court stopped short of endorsing the administration’s use of the law outright. Instead, it ruled that questions over the legality of Trump’s actions must be addressed in a Texas court. “The detainees are confined in Texas, so venue is improper in the District of Columbia,” the court stated.

While allowing deportations to proceed, the majority imposed guardrails on how the removals are carried out, stressing the need for judicial oversight.

Detainees “must receive notice after the date of this order that they are subject to removal under the Act. 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 justices wrote.

Trump hailed the decision in a post on Truth Social, writing: “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. A GREAT DAY FOR JUSTICE IN AMERICA.”

Trump invoked the Alien Enemies Act on 15 March to fast-track the deportation of alleged members of the Tren de Aragua gang — a sweeping move under the 1798 law, historically used to detain Japanese, German, and Italian immigrants during World War II.

The American Civil Liberties Union swiftly challenged the order, representing a group of Venezuelan men held by US immigration authorities. Their lawsuit contends that Trump exceeded his powers, arguing the law only applies in cases of declared war or invasion.

A federal judge, James E. Boasberg, responded by temporarily halting the deportations and ordered any flights that had already departed to return to US soil. The government appealed the ruling, responding to which, the US Supreme Court on Monday allowed the deportations to proceed.

The Apex Court of the US on Monday allowed the Trump administration to resume deportation under a rarely used 18th-century wartime law, the Alien Enemies Act.

What is the Alien Enemies Act?

The Alien Enemies Act of 1798 act provides wartime authority to the president to detain or deport the natives and citizens of an enemy nation. This law authorises the president to detain or deport these immigrants based on their country of birth or citizenship without a hearing.

According to the US National Archives website, it helped tighten restrictions on foreign-born Americans and limited speech critical of the government.

Trump wants to use this law because, it would allow him to bypass immigration courts, where those accused of violating immigration law can raise their case and seek relief in certain cases (such as asylum).

In his inaugural address, Trump vowed to wield the act aggressively, stating: “… And by invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to US soil.”

Has the Alien Enemies Act been used previously?

The act has been invoked thrice in history, during the 1812 war between the US and UK, World War I and World War II.

The Brennan Centre for Justice, a US-based law and policy organisation, explained that the law was key during the world wars. It was used for detentions, expulsions and restrictions that targeted German, Austro-Hungarian, Japanese, and Italian immigrants based solely on their ancestry.

“The law is best known for its role in Japanese internment, a shameful part of US history for which Congress, presidents, and the courts have apologized,” Brennan Centre added.

What is in recent order?

In a bitterly divided 5-4 decision, the court said that the migrants, whom the administration has accused of being gang members, must get a chance to challenge their deportation before they are taken out of the country.

The court, which has a 6-3 conservative majority, saw a rare split among its conservative bloc. Justice Amy Coney Barrett joined the three liberal justices in dissent.

As the order came Homeland Security Secretary Kristi Noem said in a post on X that the decision was a “victory for commonsense security”.

However, the conservative majority argued that the Trump administration must give them “reasonable time” to go to court and legal challenges must take place in Texas instead of a Washington courtroom.

“An activist judge in Washington, DC does not have the Jurisdiction to seize control of President Trump’s authority to conduct foreign policy and keep the American people safe”. Attorney General Pam Bondi said on X.

Now the Trump administration can invoke the Alien Enemies Act as the government previously stated in court that it would promptly resume deportations if Boasberg’s order were lifted.