Supreme Court Greenlights Trump's Use of Wartime Law for Deportation of Alleged Gang Members

The US Supreme Court's ruling allows President Trump's administration to enhance deportation measures under a 1798 law, while affirming the necessity of due process for those contesting their removal. The decision has sparked mixed reactions from both the administration and civil rights groups.

The US Supreme Court has recently authorized President Donald Trump to utilize the seldom-used wartime Alien Enemies Act to expedite the deportation of alleged gang members, a decision met with varied responses. On March 15, a lower court had temporarily obstructed the deportation of purported Venezuelan gang members to El Salvador, raising questions about the act's justification.

In his assertion, Trump claimed these migrants were tied to the Tren de Aragua gang, suggesting they pose a threat akin to "irregular warfare" against the US. Following the Supreme Court's ruling, while the administration celebrated it as a victory, the justices emphasized that any deportees must be allowed a fair opportunity to contest their removal.

"The notice must be afforded within a reasonable time," the court underscored, stressing the importance of due process. This ruling emerged from a challenge by the American Civil Liberties Union (ACLU), which criticized the initial venue where the case was filed, advocating for a different court jurisdiction closer to where the migrants are detained.

In an intriguing turn, conservative Justice Amy Coney Barrett sided with the court's three liberal justices in dissent, warning that the administration's actions present an alarming risk to the rule of law. Following the ruling, Trump proclaimed it a “great day for justice” and asserted that it fortified the Rule of Law concerning national borders and safety.

Counter to the administration's stance, the ACLU regarded the mandate for due process as a significant triumph. Lead counsel Lee Gelernt expressed disappointment about the need for a new legal process but emphasized the critical nature of the Supreme Court’s acknowledgment of individual rights under the Alien Enemies Act.

Since the Trump administration initiated deportations under this Act, 137 individuals have been removed, a fact that has attracted sharp criticism from human rights organizations. Last invoked in World War II, the Alien Enemies Act authorizes the president to order the detention and deportation of individuals considered citizens of an "enemy" nation without adhering to standard legal protections.

The administration has claimed that all deportees were properly vetted gang members prior to their deportation under a bilateral agreement with El Salvador. However, many deportees reportedly lack criminal records, fueling accusations that innocent individuals may have been mistakenly identified due to affiliations like tattoos.

The decision from the Supreme Court vacated an earlier ruling by federal judge James Boasberg, who had deemed the government's legal justification inadequate. The White House contended that the suspension of deportations was unlawful and had already occurred amidst ongoing flights.

Amidst these developments, rights advocates and legal experts have denounced the invocation of the Alien Enemies Act as unprecedented, emphasizing that it should only be invoked following an official declaration of war—a prerogative belonging to Congress.