Asger Risom
Controversial ruling allows expulsions under 1798 statute; critics warn of due process violations and “exceptional threat to rule of law”
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The U.S. Supreme Court has ruled in favor of President Donald Trump’s controversial use of a centuries-old wartime law to expel undocumented migrants, a decision that has drawn both praise and sharp criticism across the political and legal spectrum.
Deportations Resume Under Rarely Used Law
On Monday, the Court suspended a lower ruling that had temporarily blocked Trump’s use of the Alien Enemies Act, a law dating back to 1798. The decision clears the way for the administration to continue deporting migrants under the statute, which has historically been invoked only during major conflicts such as the War of 1812, World War I, and World War II.
Trump had used the law in mid-March to deport over 200 alleged gang members to El Salvador, claiming national security concerns. A federal judge in Washington, James Boasberg, quickly imposed a 14-day freeze on the deportations, citing “incredibly problematic” implications of applying the law to current immigration policy.
However, the Supreme Court lifted that block on procedural grounds, noting that the case had been filed in Washington while the affected individuals were located in Texas — a jurisdictional technicality that avoided a broader ruling on the law’s constitutionality.
As reported by Digi24, the Court underscored that migrants detained under the Alien Enemies Act are entitled to some form of due process. “Persons detained under the Alien Enemies Act must be notified and may challenge their deportation,” the ruling stated.
A Divided Court and Deepening Legal Debate
Chief Justice John Roberts and four other conservative justices formed the majority in the 5-4 decision. Justice Ketanji Brown Jackson, in dissent, criticized the ruling, warning that Trump’s use of the statute to send migrants to foreign prisons constituted “an exceptional threat to the rule of law.”
Justice Sonia Sotomayor also dissented, expressing alarm at the expansion of presidential power under the guise of national security.
Despite the Court’s ruling, legal battles over the Alien Enemies Act are expected to continue. Civil rights groups, including the ACLU, welcomed the Court’s emphasis on the need for judicial oversight. “This is a significant victory,” said ACLU attorney Lee Gelernt, pointing to the affirmation of due process rights.
Trump, who has made cracking down on illegal immigration a signature policy, celebrated the decision on Truth Social: “A great day for justice in America.”
The ruling arrives amid broader efforts by Trump to designate Latin American cartels as terrorist organizations and reinforce hardline immigration policies — moves that have raised alarm among civil liberties advocates and human rights groups.
