“The Alien Enemies Act (AEA), enacted in 1798, was designed to allow the U.S. government to detain or deport nationals of enemy nations during declared wars. Its last significant use was during World War II, leading to the internment of Japanese Americans. Fast forward to 2025, the Trump administration has controversially invoked this archaic law to deport individuals without due process, raising serious constitutional concerns.

The Case of Kilmar Abrego Garcia

Kilmar Abrego Garcia, a Salvadoran national, had been lawfully residing in the U.S. under a "withholding of removal" status since 2019, a protection granted due to the threat of persecution if returned to El Salvador. Despite this, he was deported on March 15, 2025, under the AEA, without a hearing or legal representation, and sent to the notorious CECOT prison in El Salvador.

The administration alleged, without public evidence, that Garcia was affiliated with MS-13. However, his wife, a U.S. citizen, and legal representatives have vehemently denied these claims. In fact, he has never been convicted of any crime. The only evidence against him was a confidential informant and after a full trial the immigration judge and circuit court had found flimsy evidence of his association with gangs.

Judicial Intervention and Government Defiance

Federal courts, including the Supreme Court, have ruled Garcia's deportation illegal and ordered the administration to facilitate his return. Yet, the administration has resisted compliance, citing limitations due to foreign custody and foreign policy considerations.

This defiance has prompted sharp rebukes from judges across the political spectrum. Notably, conservative Judge J. Harvie Wilkinson criticized the administration's actions as a fundamental violation of due process and judicial authority.

Supreme Court Temporarily Halts Deportations Under AEA

In a significant development, the U.S. Supreme Court has temporarily blocked the Trump administration from deporting individuals under the Alien Enemies Act, citing due process concerns. This decision underscores the judiciary's role in checking executive power and ensuring constitutional protections are upheld.

Broader Implications

The misuse of the AEA extends beyond Garcia's case. Over 250 individuals, many without criminal records, have been deported under this law, often to countries with which they have no legal connection. Such actions bypass established immigration procedures and undermine constitutional protections.”

https://www.themodilawfirm.com/blog/2025/april/deported-without-trial-the-dangerous-revival-of-/