The United States Supreme Court issued a temporary suspension order this Saturday that prevents President Donald Trump's administration from continuing the expulsion of Venezuelan migrants based on the Alien Enemies Act of 1798, a wartime statute that has been invoked only three times in the country's history.

Trump, who in his second term has intensified immigration control measures, has justified the use of this law by accusing the Venezuelan criminal gang Tren de Aragua (TdA) of "perpetrating, attempting, and threatening an invasion or predatory incursion" into U.S. territory.

The trigger: Deportations without judicial process

The controversy erupted following the deportation in March of nearly 250 Venezuelan migrants to El Salvador, many of whom were sent directly to the mega-prison CECOT.

The U.S. authorities accused them of belonging to criminal organizations such as MS-13 and the aforementioned Tren de Aragua, and justified the expulsions by invoking the old law without granting a hearing or formal notification to the detained individuals' lawyers.

"The notification must be made within a reasonable timeframe and in such a manner that it truly allows them to request a habeas corpus in the appropriate instance before the expulsion occurs," the Supreme Court established on April 8, allowing the use of the law but conditioning its application on due judicial process.

The judicial intervention: From Boasberg to the Supreme Court

The federal judge James Boasberg from Washington, issued an order on March 15 blocking deportations on the grounds that the right to due process was being violated.

The Trump Administration ignored the ruling, which led Boasberg to warn of a possible declaration of contempt for “deliberate ignorance” of the court ruling.

In response to the planned expulsions, the American Civil Liberties Union (ACLU) filed an emergency injunction this Friday, warning that the government was trying to evade legal restrictions by transferring migrants to detention centers where there were no court orders for protection.

“An emergency intervention is necessary to [...] prevent irreparable and permanent harm to the plaintiffs,” wrote the ACLU.

The affected individuals were at the Bluebonnet detention center in Texas and received notifications in English about their imminent deportation, even though many only speak Spanish.

According to the ACLU, they were not informed of their right to challenge the designation of "foreign enemies" in federal courts.

"Without the intervention of this Court, dozens or hundreds of members of the proposed class could be sentenced to a possible life imprisonment in El Salvador with no real opportunity to challenge their designation or expulsion," the organization reported.

The Supreme responds: Immediate pause

This Saturday, the Supreme Court issued a clear order: “It is ordered that the Government shall not transfer any member of the alleged class of detainees from the United States until further notice from this Court.”

Although it does not yet fully resolve the appeal, the decision temporarily suspends deportations while the case is being resolved in the appropriate court, in this case, the Fifth Circuit Court of Appeals.

At the same time, another federal appeals court, the Ninth Circuit, rejected a request from the Trump administration to terminate Temporary Protected Status (TPS) for over 350,000 Venezuelans, preventing their imminent deportation and representing another significant setback for the president's immigration policy.

The case of Kilmar Ábrego García

One of the most notable cases is that of Kilmar Armando Ábrego García, a protected legal resident since 2019 against deportation, who was deported "by mistake" to El Salvador.

The Supreme Court asked Trump to facilitate his return, supporting an order from a federal judge in Maryland that required his repatriation.

However, the Government has insisted on linking him to the MS-13 gang and has disregarded the judicial demands.

The Department of Justice initially acknowledged an "administrative error," although it later revised its stance. This case has become a symbol of the conflict between the Executive and the judiciary.

In a photo published this Friday, President Trump posed next to what he claims is a tattoo on Ábrego García's hand that would confirm his affiliation with MS-13.

A disturbing precedent

The reactivation of a law from 1798, in contexts unrelated to a declared war, sets a troubling precedent regarding the limits of presidential power in immigration matters.

Although the Supreme Court has allowed its use under certain conditions, it has been emphatic that due process must be guaranteed.

The case also highlights the Executive's strategies to bypass judicial orders, such as relocating migrants to jurisdictions without restrictive rulings, which has led to increasing backlash from wide sectors of the U.S. judicial system.

In the words of the ACLU, this policy jeopardizes "fundamental rights enshrined in the Constitution." The legal battle is far from over, but for now, deportations under the Alien Enemies Act have been halted.

Frequently asked questions about the suspension of deportations of Venezuelans by the U.S. Supreme Court.