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US Supreme Court temporarily halts migrant deportations under 18th century wartime law
April 19, 2025
15:33
The United States Supreme Court on Saturday issued a temporary pause on the Trump administration’s controversial deportation of Venezuelan migrants accused of gang affiliations, marking a significant legal setback in the White House’s latest immigration enforcement initiative.
The administration had invoked the Alien Enemies Act (AEA) of 1798—an obscure statute historically used only during the War of 1812, World War I, and World War II—to justify the removals. Under this legal framework, President Donald Trump last month ordered the roundup of Venezuelan nationals allegedly tied to the transnational Tren de Aragua gang. Those detained were slated for immediate expulsion to a maximum-security facility in El Salvador.
In a succinct order issued early Saturday, the high court wrote:
“The government is directed not to remove any member of the putative class of detainees from the United States until further order of this court.”
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The ruling came in response to an emergency appeal filed late Friday by civil liberties groups on behalf of the detainees, many of whom are being held at an immigration facility in southern Texas.
The American Civil Liberties Union (ACLU), which filed the emergency petition, warned that deportations could be carried out “imminently.” In its filing, the organization noted that Venezuelan detainees had been told they would be removed “as soon as tonight” under the AEA.
Attorneys for several previously deported migrants argued that many of their clients had no actual ties to Tren de Aragua, had no criminal records, and were profiled largely due to visible tattoos, often stereotypically linked to Latin American gang culture.
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President Trump has defended his administration’s use of the 1798 law, saying it is a necessary tool to safeguard national security.
He has repeatedly accused the Venezuelan government of enabling what he called an “invasion” of the United States, citing alleged infiltration by Tren de Aragua operatives.
This enforcement initiative aligns with Trump’s broader campaign promise to expel “millions” of undocumented migrants and to dismantle what he has described as a growing threat from international criminal networks.
The Supreme Court’s stay now opens the door to further legal scrutiny over the use of the Alien Enemies Act in a non-war context and raises questions about the balance between executive power and individual due process protections.
As of now, the fate of the detained Venezuelans remains uncertain, pending further court deliberations.
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