Supreme Court Permits Trump to Deploy Wartime Deportation Authority Temporarily

The U.S. Supreme Court ruled Monday to temporarily allow President Donald Trump’s administration to enforce the Alien Enemies Act, a 1798 law granting sweeping wartime powers to detain and deport individuals from nations deemed “enemy” states . The unsigned order, issued on an emergency basis, marks a victory for the White House in its push to accelerate deportations of suspected Venezuelan gang members . The decision suspends a lower court’s injunction that had blocked the policy, enabling immigration officials to proceed with rapid removals while legal challenges continue in lower courts .

The court emphasized that migrants targeted under the act must receive “adequate notice” of their designation and a “reasonable time” to file habeas corpus petitions challenging their detention . This requirement addresses concerns from advocates who argued the administration’s rushed deportations could deny due process. However, Justice Sonia Sotomayor criticized the ruling, calling it a threat to the rule of law and accusing the majority of rewarding the administration’s “extraordinary” overreach . Justice Amy Coney Barrett partially dissented, aligning with Sotomayor’s critique of limiting legal challenges to habeas claims .

Trump hailed the decision as a triumph for border security, declaring in a Truth Social post: “A GREAT DAY FOR JUSTICE IN AMERICA!” He framed the ruling as upholding presidential authority to “secure our Borders” and protect national sovereignty . Attorney General Pam Bondi echoed this stance, praising the court for curbing “activist judges” and affirming Trump’s foreign policy powers . Homeland Security Secretary Kristi Noem issued a stark warning to migrants: “LEAVE NOW or we will arrest you, lock you up, and deport you” .

The case stems from a lawsuit by five Venezuelans contesting their potential deportation under the act, which had been paused by U.S. District Judge James Boasberg. The Supreme Court’s intervention overturns Boasberg’s temporary block, though he retains authority to review whether “probable cause” exists to hold administration officials in contempt for allegedly violating prior orders . Chief Justice John Roberts recently rebuked Trump’s public criticism of Boasberg, underscoring tensions between the executive branch and judiciary .

Critics, including legal advocates, warn the act’s broad authority risks enabling unchecked deportations with minimal judicial oversight. The court’s order, however, insists the administration adhere to procedural safeguards—a compromise that may shape how the controversial law is applied as litigation unfolds.

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