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Supreme Court temporarily blocks new deportations under Alien Enemies Act

Updated on: April 19, 2025 / 9:19 AM EDT / CBS/AP

By ANIK MONDOLPublished 9 months ago 3 min read

In a significant legal development, the U.S. Supreme Court has temporarily halted new deportations under the Alien Enemies Act, an obscure and rarely invoked law dating back to 1798. The decision comes amid ongoing legal challenges and debates over the scope of presidential power in matters of immigration and national security.

Background: What is the Alien Enemies Act?

The Alien Enemies Act is one of four laws collectively known as the Alien and Sedition Acts, passed during the administration of President John Adams. It grants the president broad authority to detain, arrest, or deport non-citizens from nations deemed hostile to the U.S. during times of war or declared emergency
Unlike other immigration laws, the Alien Enemies Act does not require due process protections typically afforded in deportation cases, raising concerns about civil liberties. Historically, it has been used sparingly- -most notably during World War Il to detain and deport citizens of Axis powers.

The high court acted overnight following an emergency appeal from the American Civil Liberties Union, contending that immigration authorities appeared to be moving to restart removals under the Alien Enemies Act (AEA) of 1798. The Supreme Court had said earlier in April that deportations could proceed only if those about to be removed had a chance to argue their case in court and were given "a reasonable time" to contest their pending removals.

The ACLU had already sued to block deportations of two Venezuelans held in the Bluebonnet facility and sought an order barring removals of any immigrants in the region under the Alien Enemies Act.

In an emergency filing early Friday, the ACLU said it heard from lawyers and relatives of some of the men held at the detention center in Ansen, Texas that immigration authorities were accusing the men of being members of the Tren de Aragua, the Venezuelan gang President Trump has made into a focal point of his crackdown on illegal immigration. The organization, citing lawyers and family members, said some of them had been given notices telling them they were slated to be deported under the wartime law.



Why Did the Supreme Court Intervene?

The Biden administration recently sought to use the law to expedite deportations of certain individuals classified as threats. However, civil rights groups and immigration advocates challenged the move, arguing that the law's vague language and lack of judicial oversight could lead to abuse.
A federal appeals court had previously ruled that the administration's application of the law was overly broad, prompting the government to appeal to the Supreme Court. In response, the high court issued a temporary stay, effectively blocking new deportations under the act while it considers whether to take up the case.
Legal and Political Implications
The Supreme Court's intervention raises critical questions about:

• Executive Power: How much discretion does the president have in invoking the Alien Enemies Act? Due Process: Can non-citizens be deported without standard legal protections?

• Modern Applicability: Is a 225-year-old law still relevant in today's immigration system?
Legal experts are divided. Some argue the law is a necessary tool for national security, while others warn it could set a dangerous precedent for bypassing constitutional safeguards.

What Happens Next?
The Supreme Court could decide to:
1. Uphold the lower court's ruling, limiting the administration's use of the law., 2. Reverse the decision, allowing broader enforcement.
3. Decline to hear the case, leaving the temporary block in place but not setting a nationwide precedent.
For now, the stay means that no new deportations can proceed under the Alien Enemies Act until the Court makes a final determination. The outcome could have far-reaching consequences for immigration policy and presidential authority.

Conclusion

The Supreme Court's temporary halt on deportations under the Alien Enemies Act underscores the ongoing tension between national security and civil liberties. As the legal battle unfolds, the decision could redefine the boundaries of executive power in immigration enforcement -a debate that has persisted since the nation's founding

Stay tuned for further updates as this case develops.

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