The Alien Enemies Act has recently emerged at the forefront of U.S. legal debates, drawing attention to its origins, applications, and implications for immigration law. This article explores the Act’s background, the latest Supreme Court rulings, and what these developments mean for those affected.
Enacted in 1798 as part of the Alien and Sedition Acts, the Alien Enemies Act allows the U.S. president to detain or deport non-citizens from hostile nations during times of war or invasion. Despite being more than two centuries old, this law has rarely been used in modern times. However, it has recently become a tool in addressing contemporary immigration challenges, particularly in the context of national security.
In 2025, the Trump administration invoked the Alien Enemies Act to expedite deportations of certain Venezuelan immigrants, alleging links to criminal organizations. This move faced swift legal challenges. On May 16, 2025, the Supreme Court temporarily blocked deportations under the Alien Enemies Act, siding with detainees who argued they were not given a fair chance to contest their removal. The Court emphasized that providing only 24 hours' notice without meaningful due process was insufficient under the law. For a detailed report on the Supreme Court’s decision and its implications, read CNN’s coverage of the case.
One of the central issues in these legal battles is the right to due process. The Supreme Court made it clear that individuals designated for deportation under the Alien Enemies Act must receive adequate notice and a fair opportunity to challenge the decision. In many instances, detainees were informed of their removal with only a day’s notice, often without information about how to contest the orders. This lack of procedural fairness played a critical role in the Court’s intervention. For more analysis, see NBC News' detailed explanation of the decision and the legal principles at stake.
The Supreme Court’s ruling does not resolve the underlying legal questions about the scope and application of the Alien Enemies Act. Lower courts continue to examine whether this centuries-old law can be used to target alleged criminal organization members and what constitutes adequate notice for those facing deportation. Additionally, questions remain over whether detaining or deporting immigrants as “alien enemies” aligns with constitutional protections. POLITICO provides in-depth coverage of the broader legal and political battles surrounding this issue.
The renewed use of the Alien Enemies Act has sparked significant legal, political, and human rights debates. The Supreme Court’s recent intervention highlights the importance of due process and fair notice in immigration policy, especially when invoking historic wartime powers. As lower courts continue to weigh the Act’s legitimacy and implementation, the legal landscape remains dynamic. Those interested in U.S. immigration law should follow these developments closely, as their outcomes will shape future policy and the rights of non-citizens during declared emergencies.