The Supreme Court has not cleared a path for rapid deportation using the 1798 Alien Enemies Act; in fact, recent rulings have imposed significant limitations on such attempts. A 5-4 ruling in April 2025 allowed the administration to continue deporting Venezuelan immigrants accused of being gang members under the law, but the court mandated that they must be given a reasonable amount of time to challenge their deportations. A subsequent May 2025 order blocked the administration from deporting individuals without providing proper notice and a chance to contest their removal, and sent the case back to a lower court.
Supreme Court rulings on the Alien Enemies Act
- April 2025 Ruling: The court narrowly sided with the administration, overturning a previous injunction that blocked deportations under the 1798 Alien Enemies Act.
- Stipulation for Due Process: However, the court explicitly required that the targeted individuals must be given a "reasonable time to challenge their deportations" under the Act.
- May 2025 Ruling: The court later issued a separate order that blocked imminent deportations, finding that the administration's notice (given about 24 hours before removal and in English only) was insufficient and did not allow for a proper challenge to due process rights.
- Result: This ruling effectively meant the administration could not proceed with rapid deportations and had to send the case back to a lower court. The court’s actions highlight that while it did not permanently block the use of the law, it did not clear the path for "rapid deportation" as the administration had initially soug
