The Supreme Court has now cleared the way and allowed the current administration to use the Alien Enemies Act for the deportation of alleged gang members – a 1798 wartime law used to deport migrants from Venezuela.

What Is the Alien Enemies Act?

The Alien Enemies Act was established in 1798, which is a wartime law designed to give more power to the President of the United States when it comes to foreign nationals on American soil, especially during wartime.

It allows the President to deport the natives and citizens of an enemy nation. This law has only made the President target immigrants without due process or a hearing, just based on their country of birth or citizenship, which is unfair to many.

The judge questioned the use of the 1798 law against individuals who were in a non-war nation. However, since the Supreme Court decided to clear the law, Trump's administration has been allowed to use the law against these individuals, which could lead to their deportation. With these decisions, the Supreme Court gave the individuals a chance to fight these deportation orders legally.

The deportation of the Venezuelan migrants who are allegedly accused of being gang members was temporarily paused, as a federal judge expressed concerns about the law's application and the potential violation of due process or constitutional rights.

However, with the power this law has, the Venezuelans were deported and were not given the chance to challenge the deportation orders by Trump's administration, even though their attorneys provided clear evidence that they were not gang members.

How Did the Supreme Court Reshape the Deportation?

These changes altered the perspective of deportation powers today, and also gave the Trump administration the ability to deport migrants based on their birth country.

The ruling came after this law was used last month when the Trump Administration deported more than 130 men whom they accused of being gang members.

Wartime Law Without Being at War

For years, the Trump administration has argued that the United States is facing an “invasion,” which is foreign nationals arriving in the country illegally. Since then, the Trump administration's main focus has been on immigrants.

Ever since the Trump administration took office again, they have been using military terminology to describe the immigration situation. This has allowed for the invoking of different war laws, specifically the Alien Enemies Act, against immigrants.

How It Could Affect Immigrants

With the decisions that were made, there are people who have raised concerns for immigrant communities across the country because, with this, many immigrants are at risk of being detained.

It could lead to potential profiling and uncertainty about their legal standing, which is going to make them an easy target for detaining and deportation.

The Alien Enemies Act is very alarming for many because it can be used against them. Human rights advocates have also been concerned with the use of the Alien Enemies Act because it would be used to target immigrants under the cover of national security.

Therefore, the challenges will likely go around constitutional issues like due process, equal protection, and the rights of immigrants. With many concerns raised, it's important to make sure that the Alien Enemies Act isn't misused, as it has the potential to put many individuals at risk.

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Sources:

• The Alien Enemies Act: What to Know About a 1798 Law That Trump Has Invoked for Deportations