The U.S. Supreme Court issued a dramatic late-night order that prevented President Donald Trump from using the centuries-old foreign enemy bill to expel Venezuelan immigrants without due process. The emergency ruling was as the government prepared to conduct other deportations, halting the use of the 1798 law last used during World War II to expel individuals without giving them the opportunity to challenge their lawsuit in court.
The Justice directed the government not to expel any members of the affected group “until further orders”. It is worth noting that the two most conservative judges of the court disapproved of the majority ruling, highlighting the differences in legal maneuvers.
Trump recently invoked the Alien Enemy Act to prove the deportation of Venezuelan immigrants to a high-security prison in El Salvador, known for hosting thousands of gang members. Critics raised an alarm that the policy marks a massive transcendence that could be unconstitutional protection. Many targeted individuals are not charged with crimes, reportedly determined based on vague associations or even tattoos.
The American Civil Liberties Union (ACLU), which leads legal challenges, praised the court’s intervention. “These people are in danger of living their lives in a horrible foreign prison and have no chance to go to court,” said Lee Gelernt, a lawyer at ACLU.
In response, the federal government filed a motion asking the court to reconsider and insisted that it should reserve the power to use the Alien Enemy Act, or at least obtain guidance if the use of alternative laws continues to deport. The administration insists that the deported are members of violent gangs including Tren de Aragua, a Trump-appointed terrorist group.
The move is part of a wider repression by the Trump administration, which includes military deployments to the southern border, trade penalties for neighboring countries and harsh rhetoric portraying immigrants as criminals. Trump’s recent actions have gone beyond immigration, targeting institutions such as major law firms, universities and independent media, prompting fears of the spread of authoritarianism.
This situation has also attracted international attention. In a compelling case, Maryland resident Kilmar Abrego Garcia was deported to the Cecot Prison in El Salvador under the new policy. The administration later admitted the evacuation was an “administrative mistake” even though Trump continued to label Abrego Garcia as a gang member and even shared manipulated images of his connection to MS-13.
Civil liberties groups and Democratic leaders expressed deep concern, saying that the use of foreign enemies is a serious threat to constitutional rights. However, Trump supporters are largely cheering for deportation, with some far-right influencers publicly urging the administration to violate court rulings.
As the legal battle intensifies and court rulings, the conflict between the administration and judicial oversight appears to be a decisive issue in the months of the next election.
