President Donald Trump’s aggressive deportation policy has hit a major legal wall after the Supreme Court ruled to uphold a block on his administration’s use of a centuries-old law not seen since World War II. This comes amid rising concerns over the financial impact on detention centers, immigration-related healthcare liabilities, and potential medical malpractice risks tied to rushed removals.
In a controversial move earlier this year, Trump relied on the Alien Enemies Act of 1798 — a law crafted when the US feared war with France — to deport over 200 individuals allegedly tied to the Venezuelan gang Tren de Aragua. Several immigration attorneys and civil rights advocates noted that many detainees had not undergone comprehensive diagnostic evaluations for mental health or chronic illness screenings, a growing standard in detention-related healthcare policies.
A Rare Law Used Only During Wartime
The Alien Enemies Act allows the president to detain or deport individuals from a nation considered hostile — but only if there’s a declared war or hostile incursion against the US. Legal experts now debate its relevance in peacetime, especially when due process rights, cross-border medical liabilities, and international health insurance coverage are at stake.
Historically, it’s been used just three times: during the War of 1812, World War I, and World War II.
Trump invoked it to deport 238 Venezuelan nationals to El Salvador in March, where they were jailed in the notoriously harsh CECOT mega-prison. Despite a federal judge ruling against the order, the deportation flight went ahead. It has since emerged that some of those deported had not committed the crimes they were accused of, leaving them trapped in brutal conditions abroad—with no access to prenatal care, mental health diagnostics, or emergency wellness support typically provided under humanitarian insurance policies.
Supreme Court Halts Removals: “Does Not Pass Muster”
The Supreme Court’s 7-2 decision keeps a temporary block in place, effectively preventing further deportations under the act for now.
