SCOTUS Gives Decision On Trump’s Use Of Alien enemies Act
On Monday, the U.S. Supreme Court issued a 5-4 ruling in favor of the Trump administration, permitting the use of the Alien Enemies Act of 1798 to deport illegal alien gang members. The decision reverses a lower court injunction and reinforces the executive branch’s authority to utilize longstanding statutory tools in addressing national security and public safety concerns.
The case originated with a challenge in the District of Columbia, where U.S. District Judge James Boasberg had temporarily blocked enforcement of the Act in relation to five Venezuelan nationals.
The Supreme Court overturned that decision, concluding that the district court was not the appropriate venue. The detainees involved are held in Texas, rendering the D.C. venue improper under jurisdictional standards.
Justice Brett Kavanaugh, writing a concurring opinion, clarified that the core legal question was procedural — not whether detainees are entitled to judicial review, but where that review should occur. Kavanaugh emphasized that all nine justices agreed judicial review must be available, and the court’s division was based on proper venue and jurisdiction.
The Trump administration’s invocation of the Alien Enemies Act, originally enacted in 1798, marks a significant expansion of its use. Traditionally reserved for wartime applications, the administration justified its use by characterizing foreign criminal gangs operating within U.S. borders as a form of hostile incursion.
The court’s decision affirms the administration’s position that the presence of transnational criminal organizations constitutes a sufficient threat to justify enforcement of the Act. The administration has argued that expedited deportation under this authority enhances national security and mitigates the impact of violent gang activity.
The ruling follows another high court intervention involving Salvadoran national Kilmer Abrego Garcia. Garcia was erroneously deported despite a court order requiring his return to the U.S. by midnight on April 7.
The Trump administration cited jurisdictional challenges, and Chief Justice John Roberts issued a stay on the lower court’s order pending further proceedings. The government has until April 8 at 5 p.m. EDT to respond.
These rulings underscore the Court’s willingness to weigh in on jurisdictional boundaries and executive authority in immigration enforcement, while reinforcing procedural norms regarding where and how judicial review should be conducted.