In a dramatic legal turn, the United States Supreme Court on Monday overturned a lower court’s order that had temporarily blocked the Trump administration’s controversial move to deport alleged members of Venezuela’s feared criminal group, Tren de Aragua, to El Salvador without prior legal hearings.
The high-stakes ruling now clears the way for deportations to resume under the Alien Enemies Act (AEA)—a centuries-old law previously reserved for use only during wartime. Although the court emphasized that detainees must be given notice and a fair opportunity to challenge their removal through habeas corpus, it lifted the ban imposed by U.S. District Judge James Boasberg in March, who had provisionally halted the deportations.
Tren de Aragua, originally a Venezuelan prison gang, has grown into a transnational criminal organization with networks across Latin America. The Trump administration in February designated the gang a terrorist group allegedly linked to the government of President Nicolas Maduro, claiming that its operatives had infiltrated the United States.
In invoking the Alien Enemies Act—used only during the War of 1812, World War I, and World War II—Trump’s team argued that the law gives the president sweeping powers to deport non-citizens from hostile nations during periods of conflict. The administration claims Tren de Aragua’s infiltration meets the threshold of “invasion or predatory incursion.”
However, critics, including attorneys for the five Venezuelan plaintiffs, say the government’s points-based criteria for identifying gang members—such as possession of tattoos—are unreliable and have led to wrongful detentions of innocent migrants. They warned that this decision sets a dangerous precedent for future abuses of executive power.
“This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country,” stated Acting Solicitor General Sarah Harris, defending the administration’s move.
Despite the Supreme Court’s greenlight, the issue of due process remains central. The ruling requires that any AEA detainee must be properly notified of their removal and given a reasonable chance to challenge it in court before being deported.
Political tensions also escalated after Trump allies called for Judge Boasberg’s impeachment, accusing him of overreach. This prompted Chief Justice John Roberts to issue a rare public defense of the judiciary’s independence.
Meanwhile, flights carrying alleged gang members reportedly landed in El Salvador and Honduras despite Boasberg’s verbal order that deportation planes be turned back—fueling further criticism and calls for oversight.
As litigation continues, the ruling marks a bold expansion of presidential authority and revives a long-dormant legal tool at the heart of America’s immigration and national security debate.
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