Donald Trump wins in Supreme Court: Venezuelan migrants can be deported under 1798 law — But there’s a catch

The US Supreme Court lifted a lower court’s order that had temporarily blocked the Trump administration from deporting Venezuelan migrants under a rarely used 18th-century wartime law — the Alien Enemies Act.

Migrants allowed to challenge removal

The 5-4 decision ruled that while the deportations could proceed, the migrants must be given a “reasonable time” to challenge their removal in court.

“The administration must provide reasonable time for the migrants to go to court,” the majority stated.

Emergency appeal succeeds after DC Judge blocked deportations

The justices acted on the Trump administration’s emergency appeal after a federal appeals court upheld US District Judge James E. Boasberg’s order temporarily halting deportations. Boasberg had also ordered planeloads of migrants to be returned to the US, citing due process concerns — a directive that immigration authorities did not follow.

Pam Bondi: “A landmark victory for the rule of law”

Attorney General Pam Bondi praised the ruling, arguing that national security decisions should rest with the president.

“An activist judge in Washington, DC does not have the jurisdiction to seize control of President Trump's authority to conduct foreign policy and keep the American people safe,” Bondi wrote in a social media post.

“This is a landmark victory for the rule of law.”

Trump invokes Wartime Law against Tren de Aragua Gang

The legal battle erupted after President Donald Trump issued a proclamation invoking the Alien Enemies Act — the first use of the law since World War II — to authorise the deportation of individuals accused of being part of the Venezuelan gang Tren de Aragua, which the administration labeled an “invading force.”

ACLU challenges mass deportations

The American Civil Liberties Union (ACLU) filed a lawsuit hours after the presidential proclamation was made public, representing five Venezuelan noncitizens detained in Texas. They accused the administration of violating due process by carrying out immediate deportations.

Boasberg, chief judge of the federal court in Washington, had responded with a temporary halt — a move the administration largely ignored.

Government cites “State Secrets” to avoid disclosure

During a hearing, Judge Boasberg demanded clarity on whether the administration had defied his order to bring back deported migrants. However, the government declined to provide information, citing a “state secrets privilege.”

Calls for impeachment, rare rebuke from Chief Justice

Following the judge’s intervention, Trump and his allies publicly called for the impeachment of Judge Boasberg, a move that drew an unusual statement from Chief Justice John Roberts.

“Impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said.