Donald Trump is asking the Supreme Court to let his administration resume deporting alleged Venezuelan gang members without court hearings, using a centuries-old wartime law. The case could reshape how much power a president has over immigration and national security.
Key Facts:
- Trump invoked the 1798 Alien Enemies Act on March 15 to deport alleged gang members without hearings.
- A federal trial judge and an appeals court blocked the deportations; the D.C. Circuit voted 2-1 against the administration.
- Trump’s team says the halt forces the U.S. to “harbor” dangerous individuals tied to a foreign terrorist organization.
- The case centers on five Venezuelans allegedly tied to the Tren de Aragua gang, currently held in Texas.
- The Supreme Court has asked for a response by Tuesday, signaling it may act quickly.
The Rest of The Story:
The Trump administration filed an emergency request asking the Supreme Court to lift a nationwide ban on using the Alien Enemies Act to deport suspected gang members.
The law, which dates back over 200 years, was last used during World War II.
Trump’s legal team argues it gives him the power to bypass normal immigration processes when the U.S. is under threat.
The appeals court decision came with a strong rebuke.
Judge Patricia Millett warned against removing due process rights so easily.
Civil liberties groups claim some deported individuals weren’t gang members at all and hadn’t committed crimes.
Meanwhile, a separate part of the case still pending involves accusations that the administration defied a judge’s order by flying detainees to El Salvador.
Trump’s lawyers say the court overstepped by stopping deportations nationwide.
They argue any challenges should be made individually through habeas corpus petitions.
Their case hinges on whether the president’s national security powers can override court oversight and standard legal procedures for immigrants.
NEW: Trump adm asks SCOTUS to vacate Boasberg’s orders related to Alien Enemies Act. DC appellate court on Wednesday denied Trump’s request to lift the orders. pic.twitter.com/G9J2l7KEaB
— Julie Kelly 🇺🇸 (@julie_kelly2) March 28, 2025
Commentary:
This case is a test of whether America is still willing to prioritize national security in an era of rising international threats.
The Alien Enemies Act may be old, but it was built for moments just like this—when foreign groups threaten the safety of Americans.
Illegal immigrants, especially those linked to violent gangs, should not be given the same legal protections as citizens.
They are not owed the full benefits of our legal system, particularly when they’re identified by national security officials as dangerous.
Due process was never meant to be a shield for non-citizens bent on harming the country.
The court battle has been framed as a fight for civil liberties.
But the real issue is national sovereignty and executive power.
The president must be able to act swiftly and decisively when American lives are at risk.
That includes removing violent foreign actors before they can cause harm.
Judge Boasberg’s ruling blocked the use of a wartime tool Congress provided to defend the country.
It shouldn’t take years of legal wrangling to deport individuals with ties to foreign terrorist organizations.
Critics of the administration focus on the lack of hearings.
But hearings take time—time that law enforcement often doesn’t have when confronting international gangs with sophisticated operations.
We can’t afford to let process delay protection.
If the Court sides with the administration, it would affirm the president’s power to secure the border and deport foreign threats quickly.
That’s not tyranny—it’s leadership.
The Bottom Line:
The Trump administration is pushing the Supreme Court to let it deport alleged gang members under a wartime law, without giving them court hearings.
The case could redefine presidential authority in national security and immigration matters.
While critics focus on due process, the real concern is whether the government can act decisively to protect Americans from foreign criminal threats.
The outcome may shape how future presidents respond to similar crises.
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