In a closely contested decision, the U.S. Supreme Court has lifted a temporary block on deportations under the Alien Enemies Act of 1798, allowing the Trump administration to proceed with removing alleged members of a Venezuelan gang.
The ruling, which passed by a 5-4 margin, does not endorse the government’s use of the law but rather addresses a jurisdictional issue, stating that the lawsuit was filed in the wrong court.
The Alien Enemies Act, last used during World War II to intern non-U.S. citizens of Italian, German, and Japanese descent, has been controversial due to concerns it bypasses due process. Critics argue that its use could accelerate deportations in ways that undermine legal protections.
While the ruling allows the government to proceed with deportations, it emphasizes that individuals subject to removal orders under the act are entitled to notice and an opportunity to challenge their removal. Lee Gelernt of the American Civil Liberties Union noted that ensuring due process for those facing deportation is a significant victory.
The decision injects new tension into ongoing legal battles over the Trump administration’s deportation policies. The case has also highlighted a clash between the executive branch and the judiciary, with President Trump previously criticizing a lower court judge and the Supreme Court’s chief justice defending judicial independence.
In dissent, liberal justices, joined in part by conservative Justice Amy Coney Barrett, expressed concerns about the potential harm to deportees and the erosion of the rule of law. Justice Sonia Sotomayor emphasized that the court should not support efforts to undermine judicial processes.
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