The Supreme Court again (the second time) ruled against the Trump administration.  It declared the 1798 Alien Enemies Act requires notice of legal rights to detainees and due process.  There is substantial precedent for this.

     The reliance of the Trump administration on the 200-year-old law, Alien Enemies Act of 1798, to expel migrants, is one of the most absurd and intentional misreading of a U.S. statute, ever. In essence, the statute requires an invasion before an alien resident in the U.S. can be deported per an executive order. There is no invasion. The Trump action is reprehensible. 

     The most well-known case under this statute was the internment of Japanese – American citizens during World War II. Which was initially upheld by the Supreme Court (Korematsu) but then declared unconstitutional years later. History will make a similar finding as to Trump’s actions.

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“The Supreme Court for a second time barred the Trump administration from using an 18th-century wartime law (1798 Alien Enemies Act) to remove a group of Venezuelan migrants …. While the court usually says little when ruling on emergency matters, the unsigned opinion made clear the justices’ growing frustration with White House efforts to expedite deportations by bypassing migrants’ constitutional rights to a hearing before they can be removed …. Precedents dating back more than a century have made clear that migrants are entitled to due process before being deported, the court said, to prevent “the mistaken or unjustified deprivation of life, liberty, or property.” “Supreme Court Again Rules Against Alien Enemies Act.” Wall Street Journal (May 17, 2025).

“There are currently at least five lawsuits challenging the Trump administration’s use of a powerful wartime law called the Alien Enemies Act to deport Venezuelan immigrants accused of being members of Tren de Aragua, a violent street gang. Most of the cases were filed after the Supreme Court ruled that the immigrants must be allowed to challenge their deportations under the act before they are removed from the country.” “The Alien Enemies Act, Supreme Court and Trump’s Expulsions.” New York Times (April 19, 2025).

“The 1798 law allows for the summary deportation of people from countries at war with the United States, or which have invaded the United States or engaged in “predatory incursion. …. In World Wars I and II, the law was a key authority behind detentions, expulsions, and restrictions targeting German, Austro-Hungarian, Japanese and Italian immigrants based solely on their ancestry ….The law is best known for its role in Japanese internment, a shameful part of U.S. history …. Judge Boasberg’s order to halt the deportations came during a hearing in a case challenging the president’s use of the Alien Enemies Act …. The law gives the president seemingly unlimited authority to deport people subject to governments at war with the United States, or those invading the United States. Tren de Aragua is not the government of Venezuela.” “Alien Enemy’s Act and Trump.” New York Times (April 14, 2025).

“The doctrine (the “Major Questions Doctrine”}, a particularly potent brand of judge-made law that coalesced in Supreme Court rulings in recent years, requires the government to point to a “clear congressional authorization” when it makes decisions of great “economic and political significance” …. The thrust of the major questions doctrine, though, is that even if the president were right on the substance, these are all major issues that Congress ought to decide given its role as our nation’s constitutionally ordained lawmaking institution.” “Conservative Legal Doctrine (“Major Questions Doctrine”) & Problem for Trump.” New York Times (April 20, 2025).

“The 1807 law (“The Insurrection Act”) allows the president to use active-duty forces trained for combat overseas or federalized National Guard troops to suppress a “rebellion,” temporarily suspending the Posse Comitatus Act, which typically restricts the use of military involvement in domestic law enforcement …. The invocation of the Insurrection Act would mark the latest example of the Trump administration using arcane and extreme laws, including the Alien Enemies Act — last invoked during World War II to detain Japanese, German and Italian nationals — to pursue its domestic immigration agenda.” “Trump and the ‘Insurrection’ Act.”| Washington Post (April 20, 2025).

“But looking for logic behind the Trump administration’s tariff calculations is missing the point: Only by imposing apparently arbitrary decisions can a government intent on carrying out a power grab effectively signal that it can do whatever it wants. Trump’s use of executive authority under stretched legal interpretations is not restricted to the trade sphere. He invoked the 1798 Alien Enemies Act to deport hundreds of Venezuelans to El Salvador without due process.” “No Rules for Trump.” New York Times (April 21, 2025).

“Never before has a president so ably stolen defeat from the jaws of victory on the global stage ….  Historians will see this moment as the most glaring example of a president squandering America’s geostrategic advantages. The erratic steps Trump has taken to usher in a new era of crony capitalism will be studied in political science seminars for generations to come …. To appreciate the depth of his recent tariff blunder, you need to look beyond the most immediate implications.” “Trump’s Folly.” Washington Post (April 22, 2025).