US Supreme Court Emphasizes Due Process Rights for Deportees

A group of Venezuelan men in the custody of U.S. immigration authorities, represented by the American Civil Liberties Union (ACLU), sued the United States for their deportations. They argued, among other things, that the President’s executive order exceeded his powers because the Alien Enemies Act authorizes removals only when war has been declared or the United States has been invaded. The law authorizes the president to deport, detain, or place restrictions on individuals whose primary allegiance is to a foreign power and who might pose a national security risk in wartime.

On March 15, 2025, U.S. Judge James Boasberg ordered that summary deportations under Trump’s invocation of the Alien Enemies Act be blocked while litigation in the case continued. The Alien Enemies Act law is best known for its use to intern Japanese, Italian, and German immigrants during World War II.

The Supreme Court, in a 5-4 ruling, granted the administration’s request to lift Judge Boasberg’s March 15 order that temporarily blocked the summary depositions under the Alien Enemies Act while litigation in the case proceeds.

Although the court’s majority lifted the stay, it also placed limits on how deportations may occur. The limitations were unanimous amongst all the court’s justices. First, judicial review is still required – i.e., deportees still have a right to have their case heard by a court. Detainees must receive notice that they are subject to removal. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek “habeas relief” in the proper venue before such removal occurs.

What Is “Habeas Corpus”?

The term “Habeas Corpus” is Latin for “You should have the body.” The expression means anyone held by the government has the right to argue that their detention is illegal. The person in charge of the detention is required under habeas corpus to demonstrate that the applicant is being held legally and with authority. Everyone incarcerated can request a writ of habeas corpus in a state or federal court, arguing that their detention violates the rules of their state’s constitution, its laws, or international agreements.

Why Should Deportees Have the Same Rights as American Citizens?

An underlying anger against (illegal) immigrants is the perception they may get treatment similar to, or superior to, actual American citizens. Some people can become angry at the thought of (illegal) immigrants getting driver’s license, social security numbers, Medicare, scholarships, school admissions, or other privileges or perks that ordinary citizens may struggle to obtain themselves. Why, then, should (illegal) immigrants get due process rights, especially if those immigrants are gang members or criminals?

Due process is necessary to ensure that the government got it right. The government is often wrong. If the government cannot be trusted to build a bridge on time, refund taxes in a timely manner, or answer an elderly man’s social security call, why should we trust the government to ensure they actually arrested or deported an actual gang member or other wrongdoer? This administration has admitted that they have deported people by mistake. If the government is capable of deporting people by accident, then deportees should have the right to challenge their detainment before being shipped off to a foreign country against their will.

Moreover, due process for immigrants is necessary to safeguard the rights of American citizens. Trump has expressed a desire to deport ordinary citizens as a means of punishment. Giving due process to immigrants would help ensure that American citizens are assured of their rights as well.

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