The Trump administration has asked the Supreme Court to intervene in a legal dispute regarding the enforcement of the Alien Enemies Act, a wartime authority used by President Trump to deport alleged members of a Venezuelan gang. The administration seeks to overturn a decision by U.S. District Judge James Boasberg, who temporarily blocked further deportations under this law—a decision which was affirmed by the D.C. Circuit Court of Appeals.
The Aliens Enemies Act, dating back to 1798, allows the President to target and deport undocumented immigrants in times of war or when an “enemy” poses a threat. After invoking this law in March 2025, the Trump administration deported over 200 Venezuelan nations, alleging ties to the Tren de Aragua gang, despite some individuals being deported under other authorities.
The legal battle centers on whether the President has the authority to enforce this law without judicial interference, with the Trump administration argues that national security decisions should not be hindered by the courts. The Department of Justice has requested the Supreme Court to issue a temporary administrative stay to resume deportations while the case is reviewed.
Five Venezuelans, who remain in the U.S. and are being held by Homeland Security, filed a lawsuit challenging the use of the law. Judge Boasberg’s temporary block was extended through April 12, 2025, giving him more time to consider a preliminary injunction.
The case has become a focal point of a larger confrontation between the White House and the judiciary. The Trump administration’s legal team has argued that court orders like this undermine the President’s national security decisions. Legal experts are divided over the interpretation of the Alien Enemies Act, with some arguing that the courts should review its application while others, like Judge Karen Henderson, asserting that national security decisions should remain within the purview of the President. The outcome of this case could have significant implications for the separation of powers and executive authority in future national security matters.
References:
Fritze, John. Cole, Devan. “Trump asks Supreme Court to overturn Boasberg’s ruling blocking him from using the Alien Enemies Act for deportations.” March 28, 2025.
