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SCOTUS Greenlights Trump’s Use Of 1798 Law To Deport Foreign Gang Members

President Trump
Francis Chung/Politico/Bloomberg via Getty Images

In a landmark 5-4 decision, the U.S. Supreme Court has greenlit the Trump administration’s use of a centuries-old law to deport suspected foreign gang members—marking a major legal victory for President Trump and a turning point in his effort to restore law and order at the border.

The ruling allows the federal government to invoke the Alien Enemies Act of 1798 to deport non-citizens believed to be affiliated with dangerous foreign organizations, specifically targeting members of Venezuela’s notorious Tren de Aragua gang. The decision lifts an earlier injunction imposed by a lower court and clears the way for the administration to proceed with removals.

Originally enacted during President John Adams’ administration, the Alien Enemies Act gives the president authority to detain or deport nationals from hostile nations during times of war or national crisis. While it has historically been used in the context of declared wars, such as World War II, this is the first time it’s being applied in a modern context against criminal actors from a specific foreign country—without a formal declaration of war.

President Trump’s team has defended the move as necessary and long overdue. “We are using every legal tool available to protect the American people from foreign criminals,” a White House official stated. “These aren’t immigrants—they’re violent gang members exploiting our broken system.”

The Supreme Court’s majority opinion supported the administration’s authority under the law but added a guardrail: detainees must be given timely notice and the right to challenge their deportation through habeas corpus petitions within the jurisdiction where they are held. This condition aims to address due process concerns raised by civil liberties groups.

Still, critics have erupted in protest. Left-wing legal scholars and immigration activists called the ruling “unprecedented” and “dangerous,” warning that it opens the door to broader uses of executive power in immigration enforcement. Others have questioned the legality of invoking a war-era statute absent a formal conflict with Venezuela.

Supporters of the administration, however, see the ruling as a critical step toward restoring sovereignty and public safety. With rising violence linked to transnational gangs like Tren de Aragua—many of whose members crossed the southern border illegally—Trump’s decisive action is earning praise from law enforcement and border state officials.

“This is exactly why we elected President Trump,” said one sheriff from Texas. “He’s not afraid to use the law to protect our communities.”

The ruling comes amid growing pressure to crack down on foreign criminal networks that have embedded themselves across the United States. It also signals a broader shift in legal interpretation, reaffirming the president’s constitutional powers in matters of national security and immigration.

As deportations resume and further legal challenges loom, one thing is clear: President Trump is putting foreign gangs on notice—and he’s using every tool at his disposal to defend America first.