What is the Alien Enemies Act? Supreme Court lets Trump use 1798 law for quick deportations

Apr 08, 2025 05:20 AM IST

This is a victory for the White House, which will allow immigration officials to depend on a sweeping wartime authority to quickly deport alleged gang members.

The Supreme Court on Monday, April 7, allowed Donald Trump to enforce the Alien Enemies Act for now. This is a significant victory for the White House, which will allow immigration officials to depend on a sweeping wartime authority to quickly deport alleged gang members.

What is the Alien Enemies Act? Supreme Court lets Trump use 1798 law for quick deportations(REUTERS)

The unsigned decision in the case allows President Trump to invoke the 1798 law to speed removals. At the same time, litigation over the act’s use plays out in lower courts. The court demanded that people who will be deported in the future be given notice they are subject to the act. They should also get an opportunity to have their removal reviewed.

The court’s three liberal justices reportedly dissented from the decision. Meanwhile, Justice Amy Coney Barrett, a member of the court’s conservative wing, partially dissented, according to CNN.

Trump framed his emergency appeal as a fight over US District Judge James Boasberg’s order that temporarily blocked him from enforcing the Alien Enemies Act against five Venezuelans who sued, as well as a broader class of people who may be affected. Boasberg’s orders were tossed out by the Supreme Court as it granted Trump’s request.

“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. “The detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal.”

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