Supreme Court Blocks Trump’s Use of Wartime Law to Deport Venezuelan Gang Members

The Supreme Court on Friday made a major ruling barring Donald Trump's (pictured) attempt to deport members of the Venezuelan gang Tren de Aragua under an 18th-century wartime law

The U.S. Supreme Court on Friday halted former President Donald Trump's attempt to use the 1798 Alien Enemies Act (AEA) to expedite the deportation of alleged members of the Venezuelan gang Tren de Aragua. In a 7-2 vote, the Court extended an indefinite pause on removals from a detention facility in North Texas, stating that deportation under the 18th-century wartime law raises serious constitutional concerns. The case will now return to the 5th U.S. Circuit Court of Appeals for further review.

All three justices appointed by Trump during his first term joined Chief Justice John Roberts and the court's liberal bloc in the majority. Justices Clarence Thomas and Samuel Alito dissented. Alito criticized the Court’s handling of the case, arguing it preemptively resolved complex legal questions before an appellate court ruling.

The emergency appeal came from attorneys representing Venezuelan men accused of being affiliated with Tren de Aragua, a criminal organization that Trump officially designated as a foreign terrorist group in March. Trump's administration argued this classification justified immediate removal without due process under the AEA, a statute originally crafted during wartime.

The justices acted on an emergency appeal from lawyers for Venezuelan men who have been accused of being gang members, a designation that the administration says makes them eligible for rapid removal from the United States under the Alien Enemies Act of 1798

In response to the Supreme Court's ruling, Trump expressed his anger on his social media platform Truth Social, saying, “THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” He criticized the decision for potentially allowing violent individuals to remain in the U.S. for years while their cases proceed through lengthy legal processes. Trump thanked Justices Alito and Thomas “for attempting to protect our Country,” but called the ruling “a bad and dangerous day for America.”

While the Supreme Court temporarily blocked deportations under the AEA, it clarified that its decision does not prevent the government from using other immigration laws to remove individuals. The ruling emphasized that deportations must comply with constitutional protections, particularly regarding due process.

All three of the justices appointed by Trump during his first term sided with Chief Justice John Roberts and the court's three liberals, with only Samuel Alito and Clarence Thomas dissenting

At least three federal judges have questioned the legality of using the AEA to deport alleged gang members. However, a Trump-appointed judge in Pennsylvania, Stephanie Haines, upheld the administration’s use of the law in a ruling issued earlier this week. Haines criticized the administration for giving deportees as little as 12 hours' notice, ruling that a minimum of 21 days is necessary to meet constitutional standards. She emphasized the importance of due process and stated the law may apply to Venezuelan nationals aged 14 and older, who are undocumented and identified as members of Tren de Aragua.

Haines allowed deportations to resume under those conditions and stressed that her ruling did not address broader immigration law or the president’s authority to invoke the AEA for those not affiliated with designated terrorist organizations.

Following Trump's proclamation, his administration began deporting individuals allegedly tied to Tren de Aragua to El Salvador’s CECOT prison, a facility known for housing violent criminals. Lawsuits quickly followed, including one from a Venezuelan asylum seeker identified only by his initials, who fled extortion with his family and sought protection in the U.S.

The act would allow the President to forcibly remove citizens of an 'enemy nation' who it deems to be 'dangerous to the peace and safety of the United States' or involved in 'treasonous' acts

The case has prompted national scrutiny over the expanding use of the AEA. The court-by-court approach has created inconsistencies, and the Supreme Court previously ruled that detainees must challenge deportation orders in the jurisdictions where they are held. In April, the justices stated deportees must be given a “reasonable time” to challenge removal—rejecting the administration’s claim that 12 hours was sufficient.

The Department of Homeland Security has warned that Tren de Aragua’s influence in the U.S. is growing rapidly. A November intelligence memo revealed that the gang had expanded operations into more than a dozen states, including Virginia, Washington D.C., Montana, Wyoming, New York, New Jersey, California, Florida, Illinois, Georgia, Louisiana, Nevada, North Carolina, Tennessee, Texas, Wisconsin, and Colorado.

Officials reported that TdA gang members are increasingly involved in theft, robbery, assault, and fraudulent schemes aimed at funneling money back to South America. The memo noted that the gang targeted Washington D.C. and northern Virginia for their wealth and strategic travel access, increasing public safety concerns amid rising migration from Venezuela.

Law enforcement agencies remain on high alert as legal challenges continue and immigration enforcement strategies evolve.