What is the Alien Enemies Act? US SC Allows Trump to Deport Venezuelans Under this Wartime Law

Washington DC: In a significant development, the US Supreme Court ruled in favor of former President Donald Trump on Monday, allowing his administration to proceed with the deportation of undocumented Venezuelan migrants under the rarely used Alien Enemies Act of 1798. This decision overturns a lower court’s order that had previously blocked these deportations.  

The 5-4 ruling, supported by the conservative-majority court, grants the Trump administration the authority to resume deportations that had been halted by a federal district judge.

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However, the Supreme Court also emphasized that migrants targeted under this law must be allowed to challenge their deportation in court, ensuring some legal recourse despite the law’s broad powers.

What is the Alien Enemies Act?

The Alien Enemies Act, part of the broader Alien and Sedition Acts of 1798, is a federal law that empowers the President to detain, deport, or relocate individuals from countries considered hostile during times of war or invasion. The law specifically applies to non-citizens without granting them the right to court hearings based solely on their national origin or citizenship.

The Act has been invoked during major conflicts:  
War of 1812: British nationals in the US were required to register personal information, including residency and naturalization status.

World War I: The Act targeted German, Austro-Hungarian, and Italian immigrants, leading to restrictions, deportations, and detentions.  

World War II: The US government interned approximately 120,000 individuals of Japanese descent, most of whom were American citizens, in camps across the interior.  

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While originally designed to prevent espionage and sabotage during wartime, the Act’s application against lawfully present immigrants—without any proof of disloyalty—raises serious constitutional concerns, particularly regarding due process and equal protection under the law.  

The Act can only be invoked during a declared war or in situations involving "invasion" or "predatory incursion" against US territory. Its use in the context of immigration policy, especially under the Trump administration’s enforcement measures, has sparked significant debate about the balance between national security and civil liberties.