Washington, D.C. — April 2025: The U.S. Supreme Court has temporarily halted the deportation of several Venezuelan nationals accused of gang affiliation after concerns were raised over due process violations. The detainees, currently held in North Texas, were being deported under the rarely used 1798 Alien Enemies Act, a wartime statute previously invoked only during major conflicts.
The Trump administration had deported over a hundred Venezuelans to El Salvador’s mega-jail facility Cecot, citing national security threats from the gang Tren de Aragua. The administration claims the group poses an “invasion or predatory incursion” risk to the U.S.
However, civil rights advocates, including the American Civil Liberties Union (ACLU), challenged the move, arguing that detainees were not informed of their legal rights or given a proper opportunity to defend themselves in court. Some had even received deportation notices in English, despite not understanding the language.
A lower court had earlier blocked the deportations in March, and the Supreme Court initially allowed them under specific conditions. But the latest legal challenge highlighted systemic issues, prompting the high court to intervene.
Wartime Law Sparks Legal Backlash
The Alien Enemies Act, passed in 1798, allows the president to detain and deport individuals from nations deemed hostile. Its use by the Trump administration marks the first time it has been applied outside of a declared war. The last known use was during World War II, when Japanese Americans were interned.
In a rare move, the court unanimously ordered the U.S. government to reverse the deportation of one Salvadoran national, Kilmar Ábrego García, who had been mistakenly removed under suspicion of gang affiliation. Despite the court’s ruling, the administration insists he will not be allowed back into the country.
The controversial policy has sparked national debate, with Democratic lawmakers and civil rights groups warning of human rights violations and a rollback of due process protections.