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US Supreme Court Backs Trump Deportation Policy under Historic Law

Tuesday 08 April 2025 - 11:08
By: Zahouani Ilham
US Supreme Court Backs Trump Deportation Policy under Historic Law

The United States Supreme Court has ruled in favor of the Trump administration, allowing it to continue deporting Venezuelan migrants under the Alien Enemies Act of 1798—an 18th-century wartime statute. In a narrow 5-4 decision, the court reversed a lower federal court’s temporary block on these deportations but emphasized that migrants must still be granted a fair chance to challenge their removal in court.

The Trump administration has used the law—last enforced during World War II—to justify the deportation of alleged members of Venezuela’s Tren de Aragua gang, accusing them of engaging in “irregular warfare” on US soil. Although hundreds were deported following Trump’s inauguration, deportation flights were paused on March 15 by a federal judge.

The Supreme Court confirmed the administration’s right to apply the Alien Enemies Act but reinforced that deportees are entitled to due process, including proper notice and an opportunity to appear before a judge. The decision saw three liberal justices dissent, joined in part by conservative Justice Amy Coney Barrett.

Both the Trump administration and the American Civil Liberties Union (ACLU)—which represented five Venezuelan migrants—claimed victory in the outcome.

In a related decision, the Supreme Court issued a temporary stay against a lower court order that had mandated the return of Kilmar Abrego Garcia, a Salvadoran man deported in error. Abrego Garcia, a legal US resident married to an American citizen, had previously won protection from deportation in 2019 due to threats from criminal gangs in El Salvador. His legal team disputes government allegations linking him to the MS-13 gang, which was labeled a “terrorist organization” by the Trump administration in January.

The temporary stay allows the Supreme Court more time to review the case and decide whether Abrego Garcia should be returned to the US.



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