By MICHELLE TIO
In a move eerily similar to decisions that upheld the incarceration of Japanese Americans in the 1940s, such as Korematsu vs. United States, the Supreme Court on April 7 authorized the Trump Administration’s use of the Alien Enemies Act of 1798 to deport Venezuelans who are accused of being members of the Tren de Aragua gang.
In a slight concession, the conservative majority stated that the administration must give those detained under the Alien Enemies Act advance notice of impending deportation to allow detainees time to challenge the legality of their situation.
In her dissent, Justice Sonia Sotomayor argued that the administration had deported Venezuelan immigrants to El Salvador without due process, described the terrible conditions of the Salvadoran maximum security prison where these individuals are currently being held, and referenced the deportation of Salvadoran Kilmar Abrego Garcia, whom the administration claimed was mistakenly deported due to an “administrative error.”
“The implication of the government’s position is that not only non-citizens but also United States citizens could be taken off the streets, forced onto planes, and confined to foreign prisons with no opportunity for redress if judicial review is denied unlawfully before removal,” wrote Sotomayor. “History is no stranger to such lawless regimes, but this nation’s system of laws is designed to prevent, not enable, their rise.”
In response to the Supreme Court’s decision, Stop AAPI Hate wrote on Instagram, “The U.S. Supreme Court just opened the door for Trump to use wartime powers without accountability — essentially saying the judicial branch has no authority to stop him.
“In a chilling dissent, Justice Sotomayor warned that under this ruling, even U.S. citizens could be ‘taken off the streets, forced onto planes, and confined to foreign prisons with no opportunity for redress.’ This isn’t just a hypothetical worry: The disgraced Alien Enemies Act was used to justify the incarceration of Japanese immigrants and Japanese American citizens during World War II.
“When a Supreme Court justice sounds the alarm that this ruling means immigrants and American citizens could be abducted off the streets by the government and imprisoned with no solid legal recourse, it’s not just a warning — it’s a five-alarm fire for democracy.”