The U.S. Supreme Court has dealt a blow to the Trump administration’s push to resume expedited deportations under the Alien Enemies Act, siding 7–2 against the President’s plan to swiftly remove certain non-citizens with suspected ties to foreign criminal organizations.
At the heart of the case was the administration’s attempt to deport Venezuelan nationals alleged to be members of Tren de Aragua, a violent gang designated as a foreign terrorist organization. Using the Alien Enemies Act—a law dating back to 1798—the Trump team argued for the authority to bypass traditional immigration court procedures and fast-track deportations in the interest of national security.
But the Court ruled that detainees must be given more than 24 hours’ notice before removal and granted a reasonable opportunity to challenge their deportation. While the justices did not rule on the broader legality of applying the Alien Enemies Act in this context, their decision put a pause on the administration’s efforts to carry out immediate removals.
Justice Clarence Thomas and Justice Samuel Alito dissented, warning that the majority’s ruling hampered the executive branch’s ability to respond swiftly to national security threats. Justice Brett Kavanaugh agreed with the outcome but urged the Court to resolve the constitutional questions quickly, rather than send the matter back to lower courts.
President Trump criticized the ruling, accusing the Court of bowing to political pressure. “We are trying to protect this country from dangerous foreign nationals, and once again the system protects them more than it protects our citizens,” Trump said in a statement.
The decision is likely to fuel ongoing debate over immigration enforcement, executive authority, and national security. The Trump administration has made no secret of its intent to use every available legal tool—including rarely invoked laws like the Alien Enemies Act—to crack down on foreign criminals and restore order to the border.
With this ruling, the path forward will require the administration to craft a more legally durable approach. But Trump allies remain confident that the Court will ultimately side with the President when the full legal battle over the scope of the Alien Enemies Act reaches its conclusion.