In May 2025, the World Socialist Web Site reported on a legal challenge to the Alien Enemies Act, a 1798 law used by the Biden administration to detain and deport immigrants from countries deemed hostile to the United States. The United States Supreme Court heard arguments in the case of *Van der Merwe v. Garland*, which centered on the government’s expansive interpretation of the Act to include immigrants who, while not citizens of officially declared enemy states, are seen as aligned with adversarial nations through their political views or perceived threats to national security.
The article critically analyzes the Supreme Court’s decision, which limits the application of the Alien Enemies Act. The court ruled that the Act could not be used to deport individuals simply based on perceived sympathies or indirect associations with hostile nations. This decision was framed within the context of the increasing global tensions and the escalation of proxy wars involving the US. The article highlights the government’s attempt to use antiquated legislation to target and suppress dissent, specifically focusing on immigrants seen as potentially disloyal or sympathetic to US adversaries. It suggests the legal challenge underscores the increasing anxieties within the ruling class regarding internal opposition to its foreign policy agenda. The decision aims to curb potential abuses of the Act while still allowing for the deportation of immigrants who are deemed direct threats.
find the original article here: https://www.wsws.org/en/articles/2025/05/02/wprc-m02.html