Supreme Court Backs Trump Deportation Plan With Limits \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ The Supreme Court ruled Monday that the Trump administration can deport Venezuelan migrants under an 18th-century wartime law—but only after they receive a court hearing. The decision permits the use of the Alien Enemies Act, but mandates legal due process. Liberal justices sharply dissented, warning of diminished judicial oversight.

Quick Looks
- Supreme Court allows deportation of Venezuelan migrants under Alien Enemies Act
- Migrants must first be given “reasonable time” for a court hearing
- Deportation challenges must occur in Texas, not Washington D.C.
- Ruling halts immediate deportation flights, including those to El Salvador
- Conservative majority sided with Trump, calling the process lawful with hearings
- Liberal justices dissented, warning the ruling limits accountability
- Justice Sotomayor criticized the lack of oversight, joined in part by Justice Barrett
- Trump invoked Alien Enemies Act, calling Tren de Aragua gang an “invading force”
- Hundreds of migrants were deported last month before hearings were held
- ACLU hailed ruling as a partial due process victory
Deep Look
Supreme Court Grants Trump Authority to Deport Venezuelan Migrants With Court Hearings
In a deeply divided decision, the U.S. Supreme Court on Monday cleared the way for President Donald Trump’s administration to deport Venezuelan migrants under the Alien Enemies Act, a law dating back to the 18th century. However, the justices also ruled that migrants must be given a fair chance to appear before a judge before deportation occurs, adding a crucial limitation to the administration’s sweeping immigration powers.
The case tested the constitutional limits of Trump’s immigration crackdown and marked the first time the Alien Enemies Act has been invoked since World War II.
Legal Hurdles and Hearings Required
The 6-3 ruling permits the deportation of migrants accused of gang affiliation, specifically those allegedly tied to the Tren de Aragua, a Venezuelan criminal organization that Trump has labeled an “invading force” under a presidential proclamation.
But the court emphasized that removal orders cannot be executed immediately. Migrants must be given “reasonable time” to obtain a hearing in immigration court. These hearings must be held in Texas, where the detainees are located, rather than in Washington, D.C., as previously allowed by a lower court.
The decision temporarily blocks further deportation flights like those that previously transported hundreds of migrants to a prison in El Salvador—flights that proceeded without any legal review and have since drawn international criticism.
Majority Opinion: Deportation Law Valid With Due Process
In its unsigned majority opinion, the court wrote that “detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal.”
While the court did not directly rule on the legality of the prior flights to El Salvador, it established that going forward, hearings are a legal requirement under the Constitution.
Sharp Dissent From Liberal Justices
The court’s three liberal justices dissented. Justice Sonia Sotomayor, joined by Justices Kagan and Jackson, warned that the ruling makes it harder for migrants to challenge wrongful deportation, especially when they’re moved to isolated detention centers or foreign prisons.
She also raised alarms about the administration’s refusal to provide details about previous deportations, calling it a dangerous precedent.
“We, as a Nation and a court of law, should be better than this,” Sotomayor wrote.
Notably, Justice Amy Coney Barrett, a Trump appointee, joined parts of the dissent, signaling bipartisan concern over how due process rights are being handled.
Flights to El Salvador: Legality in Question
Last month, the Trump administration began deporting Venezuelan migrants to a notorious El Salvador prison, invoking the Alien Enemies Act for justification. The flights reportedly transported hundreds of detainees, raising humanitarian concerns and legal objections.
The deportations occurred before any hearings were granted, which the court now says is unconstitutional. Though the majority did not order those migrants returned, their ruling suggests such actions should not have happened without judicial oversight.
The ACLU, which brought the case, called the ruling a partial victory for due process.
“The critical point is that people must be allowed due process to challenge their removal,” said ACLU attorney Lee Gelernt.
Lower Court Blocked Deportations
The original block on the deportations came from U.S. District Judge James E. Boasberg, who ordered the Trump administration to return deported migrants and halt further flights. The government defied the return order and invoked the “state secrets privilege” to avoid revealing how the flights were carried out.
The standoff prompted a separate hearing over whether the government had violated a court order.
Political Fallout: Trump Praises Ruling, Critics React
Following the Supreme Court’s decision, Trump took to Truth Social to celebrate:
“The Supreme Court has upheld the Rule of Law in our Nation by allowing a President…to secure our Borders, and protect our families and our Country, itself. A GREAT DAY FOR JUSTICE IN AMERICA!”
However, critics accused the administration of undermining judicial authority, especially after some lawmakers and Trump allies called for Judge Boasberg’s impeachment.
In a rare rebuke, Chief Justice John Roberts defended the independence of the judiciary, stating that:
“Impeachment is not an appropriate response to disagreement concerning a judicial decision.”
What Comes Next
While the ruling gives Trump temporary legal clearance to continue using the Alien Enemies Act, the administration must now pause deportations until migrants are granted a fair hearing—a process that could take weeks or months.
The ACLU and immigration advocates vow to continue legal challenges, especially as additional emergency cases arise. The Supreme Court is also expected to rule soon on Trump’s citizenship restrictions for U.S.-born children of undocumented immigrants, another high-stakes immigration battle.
Final Thoughts
The Supreme Court’s latest decision underscores the growing tension between national security, immigration enforcement, and civil liberties in the United States. While the ruling affirms a president’s broad authority under wartime laws, it also reinforces the foundational principle that even noncitizens are entitled to due process before being expelled from the country.
As legal battles mount and deportation policies accelerate, the courts remain a key battleground for defining the limits of executive power—especially in a presidential election year.
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