The United States Supreme Court has issued a dramatic late-night order blocking President Donald Trump’s controversial use of the centuries-old Alien Enemies Act to deport Venezuelan migrants without due process. The emergency ruling, which came as the administration prepared to carry out additional deportations, halts the use of the 1798 law, last employed during World War II, to expel individuals without giving them a chance to challenge their removal in court.
The justices directed the government not to deport any members of the affected group “until further order.” Notably, two of the court’s most conservative justices dissented from the majority decision, underscoring the divisiveness of the legal maneuver.
Trump recently invoked the Alien Enemies Act to justify the deportation of Venezuelan migrants to a high-security prison in El Salvador known for housing thousands of gang members. Critics have raised alarms that this policy marks a significant overreach and may violate constitutional protections. Many of those targeted have not been charged with crimes and were reportedly identified based on vague associations or even tattoos.
The American Civil Liberties Union (ACLU), which led the legal challenge, hailed the court’s intervention. “These men were in imminent danger of spending their lives in a horrific foreign prison without ever having had a chance to go to court,” said Lee Gelernt, an attorney with the ACLU.
In response, the federal government filed a motion asking the court to reconsider, insisting it should retain the authority to use the Alien Enemies Act or, at the very least, receive guidance on using alternative laws to proceed with deportations. The administration maintains that those being deported are members of violent gangs, including Tren de Aragua, which Trump has designated a terrorist organization.
The move is part of a wider crackdown by the Trump administration that includes military deployment to the southern border, trade penalties on neighboring countries, and harsh rhetoric portraying migrants as criminals. Trump’s recent actions have extended beyond immigration, targeting institutions like major law firms, universities, and independent media outlets, prompting fears of creeping authoritarianism.
The situation has also drawn international attention. In one high-profile case, Kilmar Abrego Garcia, a Maryland resident, was deported to the CECOT prison in El Salvador under the new policy. The administration later admitted the removal was an “administrative error,” though Trump has continued to label Abrego Garcia a gang member, even sharing a manipulated image suggesting ties to MS-13.
Civil liberties groups and Democratic leaders have voiced deep concern, calling the use of the Alien Enemies Act a grave threat to constitutional rights. Trump’s supporters, however, have largely cheered the deportations, with some far-right influencers openly urging the administration to defy the court’s ruling.
As legal battles intensify and court decisions mount, the clash between executive authority and judicial oversight appears set to become a defining issue in the months leading up to the next election.