Supreme Court Temporarily Allows Trump to Use Alien Enemies Act of 1798 for Deportations

The Supreme Court temporarily approved President Donald Trump’s use of the Alien Enemies Act of 1798 to deport allegedly violent unauthorized migrants in an expedited fashion on Monday.

The Details: The Court voted 5-4 in favor of Trump’s invocation, with conservative Justice Amy Coney Barrett siding with the three liberal justices in dissent. It determined that the challenge brought by the American Civil Liberties Union (ACLU) on behalf of five migrants was improperly raised in Washington, D.C., and not in Texas, where the migrants are confined. The court also mandated that the deportees get a chance to challenge their deportations.

For Context: On March 15, a lower court temporarily blocked the deportation of what Trump’s administration alleged were members of the Venezuelan gang Tren de Aragua to El Salvador, determining that the actions taken under the 1798 Alien Enemies Act needed further examining. There has been recent reporting and a federal ruling that some of the migrants have been wrongfully deported, though they have not been able to return to the U.S. yet.

Key Quote: The dissenting justices wrote that “conduct in this litigation poses an extraordinary threat to the rule of law.” Trump wrote on Truth Social, “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.” The ACLU called the ruling “a huge victory” because “the critical point is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act.”

How The Media Covered It: Fox News (Right bias) included reactions from several prominent Trump administration officials. The Associated Press (Left) called the ruling “a bitterly divided decision.”

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