The US supreme court has ruled that the Republican president can invoke a 1798 law, typically used during wartime to deport alleged Venezuelan gang members, with certain restrictions.
The court, with a 5-4 majority, has lifted a preliminary injunction that was imposed by a judge in Washington, allowing the administration to proceed with the deportations. However, the court ruled that detainees must be informed after the ruling that they may be subject to removal under the act, and they must be given a reasonable time to seek legal relief.
The Alien Enemies Act, enacted in 1798, permits the president to deport, detain, or impose restrictions on individuals who owe allegiance to a foreign power and pose a national security risk during wartime.
While the court sided with the administration, conservative justice Amy Coney Barrett and the court’s three liberal justices dissented.
Trump invoked the act on March 15 to deport alleged members of the Tren de Aragua gang, but a legal challenge was filed by the American Civil Liberties Union on behalf of the affected individuals.
The ACLU argued that Trump’s order exceeded the scope of his powers because the Alien Enemies Act can only be used when war has been declared or the US has been invaded.

Source: https://www.theguardian.com/us-news/2025/apr/07/us-supreme-court-deportations