The US Supreme Court on Monday ruled in favour of President Donald Trump, lifting a lower court order that had blocked the deportation of undocumented Venezuelan migrants under a rarely used wartime law.
However, the court also clarified that migrants facing deportation under the 1798 Alien Enemies Act must be allowed to contest their removal legally.
The 5-4 ruling, issued by the conservative-majority Supreme Court, allows the Trump administration to resume deportations that had previously been halted by a federal district court judge.
The Alien Enemies Act of 1798, part of the broader Alien and Seditious Acts, is a U.S. federal law that grants the President the power to detain or relocate citizens from countries deemed hostile during times of war or invasion. It specifically targets immigrants without providing court hearings based on their country of origin or citizenship.
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Historically, the Act has been invoked during significant conflicts. In the War of 1812, British nationals in the US had to provide personal details such as their place of residence, age, family background, and naturalization status. During World War I, the Act was used to target German, Austro-Hungarian, and Italian immigrants, leading to restrictions, expulsions, and detentions.
Most notably, during World War II, the US government relocated and incarcerated around 120,000 individuals of Japanese descent, most of whom were American citizens, from the West Coast to internment camps in the interior.
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This action, driven by the Act, is a significant and regrettable chapter in US history, with the Congress, presidents, and the courts later acknowledging and expressing remorse for these injustices.
The purpose of the Alien Enemies Act was originally to prevent foreign espionage and sabotage during wartime. However, its application against lawfully present immigrants without any evidence of disloyalty has raised serious concerns about constitutional rights, particularly due process and equal protection.
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The Act can only be invoked during a declared war or in cases of "invasion" or "predatory incursion" against US territory, aligning with legal and constitutional authority.
The Alien Enemies Act has been triggered three times in history—during the War of 1812, World War I, and World War II, according to reports.
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