(PCC)May I ask you an honest question? Do you believe what the lamestream media tells you? If you do, then you will have read that Trump’s attempt to deport illegal aliens under the Alien Enemies Act of 1798 has failed miserably and the Alien Enemies Act doesn’t apply!
Nothing could be further from the truth! The Supreme Court DID NOT rule that the Alien Enemies Act was null and void or unenforceable but did rule that due process must be adhered to even if defendants are foreign nationals with illegal immigration status. (Illegal Aliens).
The United States must adhere to the rule of law for all, or there will be no rule of law for any!
To make this simple, the Supreme Court upheld the use of the Alien Enemies Act but demands due process for Venezuelan detainees.
Here’s the truth: The lamestream media has lied to you once again! In a striking decision that underscores the tension between national security powers and constitutional rights, the U.S. Supreme Court on Friday allowed the Trump administration to invoke the rarely used Alien Enemies Act of 1798 but ruled that noncitizen detainees must be given meaningful due process before removal.
The court’s ruling did not invalidate President Trump’s controversial March 15 executive order, which sought to deport Venezuelan nationals designated as gang members under the Alien Enemies Act. However, in a 7-2 decision, the Court sharply rejected the administration’s attempt to execute removals with little notice and no legal recourse, requiring instead the government to afford detainees the chance to challenge their deportation in court before it happens.
“Notice roughly 24 hours before removal, devoid of information about how to exercise due process rights… surely does not pass muster,” the unsigned majority opinion declared.
The Alien Enemies Act, part of the 1798 Alien and Sedition Acts, gives the president broad authority to detain or deport nationals of hostile foreign powers during times of war or invasion. Historically, it was used during the War of 1812, World War I, and World War II, always under clear wartime conditions. Trump’s March order marks only the fourth invocation of the law in American history and the first involving a non-state actor.
The order targets members of Tren de Aragua, a Venezuelan gang that Trump claims is “perpetrating, attempting, and threatening an invasion or predatory incursion” into the U.S., satisfying the statutory conditions. The administration argued this threat constituted an effective invasion warranting the deportation of Venezuelans aged 14 and older without individual hearings.
But the Court made clear that while the president may wield wartime powers, those powers must still operate within the bounds of the Constitution, particularly the Fifth Amendment’s guarantee of due process.
The ruling doesn’t resolve the fundamental legality of using the Alien Enemies Act against alleged gang members. Instead, it centers on the procedural rights of the accused. The court returned the case to the U.S. Court of Appeals for the Fifth Circuit to determine what minimum process is required for detainees to challenge their removal.
Justice Brett Kavanaugh concurred, stressing that the ruling “simply ensures that the Judiciary can decide whether these Venezuelan detainees may be lawfully removed… before they are in fact removed.”
In stark contrast, Justice Samuel Alito, joined by Justice Clarence Thomas, dissented. Justice Samuel Alito contended that the Court lacked the authority to intervene at this stage, characterizing the decision as an “extraordinary demand” that exceeded judicial boundaries.
The case emerged after over 200 Venezuelan nationals were reportedly deported to El Salvador, including Kilmar Abrego Garcia, a Maryland resident mistakenly removed despite a federal court order to halt deportations. Many detainees received removal notices only 24 hours in advance, in English, with no instructions on how to contest them, a situation the court found constitutionally inadequate.
Lee Gelernt of the ACLU, which represents the detainees, called the decision “a critical pause on an extraordinary use of a wartime authority” and a recognition that even national security measures must respect individual rights.
Former President Trump, on his Truth Social platform, railed against the decision, accusing the court of undermining his mandate to remove criminals. “This is a bad and dangerous day for America!” he wrote.
The decision doesn’t close the door on using the Alien Enemies Act, but it establishes a vital procedural precedent: even under extraordinary statutes, noncitizens are entitled to fair notice and a meaningful opportunity to contest the government’s claims.
At a time when immigration and national security are once again central political issues, the Court’s stance draws a sharp boundary: while presidents may invoke emergency powers, those powers cannot eclipse constitutional protections even for those the government labels enemies.
Final Word: Constitutional rights must stand even if that means illegal aliens get to stay in US jails for a few extra weeks before their deportation.
Steve Eichler is a retire Attorney having earned his Juris Doctorate in International Law and is an active member of the International Bar Association.
