Supreme Court Upholds Deportations Under 1798 Law with Due Process Protections

​In a landmark decision on April 7, 2025, the U.S. Supreme Court ruled 5-4 to lift a lower court’s block on the Trump administration’s use of the Alien Enemies Act of 1798. This law allows the president to deport non-citizens from countries deemed hostile during wartime. The Court’s ruling enables the administration to proceed with the deportation of alleged Venezuelan gang members associated with the Tren de Aragua group. However, the justices emphasized that individuals subject to deportation under this act are entitled to notice and an opportunity to challenge their removal in court. The Court also determined that legal challenges should be filed in the district of confinement, not in Washington, D.C.

The decision has sparked a range of reactions. President Trump hailed the ruling as a significant victory for national security. In contrast, civil liberties organizations, including the American Civil Liberties Union (ACLU), have raised concerns about due process rights. They argue that while the administration can proceed with deportations, individuals must be afforded fair hearings to contest their removal. ​

The application of the Alien Enemies Act is unprecedented in modern times. Historically, it has been invoked during wartime, such as the War of 1812, World War I, and World War II, primarily against nationals from enemy countries. The Trump administration’s use of this act to target alleged gang members from Venezuela has intensified debates over its modern application and the balance between national security and individual rights.