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Apr 7, 2025 Supreme Court ruled 5-4 to allow deportations under the 1798 Alien Enemies Act with limited due process protections Tier 1 · Primary Institutions and Governance
The Court permitted use of an 18th-century wartime statute for mass deportation of alleged gang members while requiring notice and habeas review in the proper venue.
Primary sourceA record that carries the claim alone
Independently corroborated by6 independent news desks
BBC · NPR · PBS · NBC News · SCOTUSblog · Associated Press
Supporting reportingSurfacings — do not carry alone
Supporting reports
- US Supreme Court allows deportations under Alien Enemies Act with venue restrictions — The US Supreme Court ruled 5-4 on April 7 that President Trump may continue using the 1798 Alien Enemies Act to deport alleged gang members, but imposed limits: judicial challenges must occur in Texas (where detainees are held), not Washington DC; detainees must receive notice and reasonable time to seek habeas relief before removal. The ruling lifted a DC judge's temporary block on deportations, though two planes had already departed US airspace before the order was issued.
- US Supreme Court lifts block on deportations under 1798 Alien Enemies Act, requires due process — On Monday, April 7, the US Supreme Court ruled 5-4 to lift a temporary injunction blocking the Trump administration's deportation of 238 Venezuelan men to El Salvador under the 1798 Alien Enemies Act. While allowing the deportations to proceed, the Court unanimously affirmed that individuals facing removal have a constitutional right to habeas corpus and due process to challenge their deportation. The case was remanded to the Fifth Circuit Court of Appeals in Texas for further proceedings on the legality of invoking the wartime statute.
- Ruling vacated — J.G.G. v. Trump (D.D.C.) 1:25-cv-00766 — The Supreme Court in a 5-4 decision, vacated the district court's TROs holding that the case should have been brought as a habeas case where the plaintiffs were in custody at the time. The Court also stated, “notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”
- Supreme Court Grants Emergency Application in Trump v. J.G.G. — The U.S. Supreme Court issued a 5-4 decision granting the federal government's emergency application to vacate a lower court's order in the case of Trump v. J.G.G. The case involved a presidential proclamation under the Alien Enemies Act targeting members of the Venezuelan gang Tren de Aragua. The lower court had temporarily blocked the deportation of several Venezuelan men, treating them as a class. The Supreme Court's decision vacated this order, requiring challenges to be filed individually through habeas petitions in Texas, where some plaintiffs were held, rather than as a class action in D.C. The opinion did not address the use of the Alien Enemies Act for deportations but affirmed non-citizens' due process rights.
- Supreme Court allowed deportation of Venezuelan migrants under Alien Enemies Act — The Supreme Court allowed the Trump administration to deport Venezuelan migrants using the 1798 Alien Enemies Act in a 5-4 decision. The ruling stated that migrants must be told they are being deported under the act and receive "reasonable time" to challenge their removal in the state where they are detained.
- Supreme Court releases opinion in Trump v. J. G. G. (24A931) — The Supreme Court released an official slip opinion in Trump v. J. G. G. Docket number(s): 24A931.
Verified: Tier 1 primary record
Week 12 – 2025-04-05–2025-04-11
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