The Oldest Law, the Newest Fight

5mins read: The Supreme Court just gave Trump the green light to deport Venezuelans under a 226-year-old wartime law. The consequences could echo far beyond immigration.

Hey Small Biters,

The f’ing Supreme Court handed the Trump administration a quiet but seismic victory — one that could reshape how we think about power, precedent, and people.

In a narrow 5–4 ruling, the Court allowed the government to resume deportations of Venezuelan migrants under the Alien Enemies Act, a law written in 1798. Yes, 1798. It was originally meant for times of declared war. There’s no such war today — but the administration has used the law to justify the rapid removal of over 130 men, many of them accused (but not formally charged) of gang affiliation.

That’s not just policy. That’s a paradigm shift.

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The deportations began in March, when President Trump invoked the Alien Enemies Act to remove Venezuelan nationals allegedly tied to the Tren de Aragua gang. These deportees weren’t sent home — they were flown to El Salvador, where they’re now imprisoned in one of the harshest facilities in the Western Hemisphere: the CECOT megaprison.

Critics have called the move a legal sleight of hand. A federal judge had tried to block the deportations, calling into question the use of such an outdated statute. But the administration moved fast. And now, with the Supreme Court’s ruling, it’s all but greenlit.

Justice Sotomayor, dissenting, warned of “grave abuses.” She wasn’t alone.