In a decisive 5–4 ruling, the U.S. Supreme Court has granted Donald Trump broad wartime authority under the Alien Enemies Act of 1798, empowering him to carry out mass deportations of Tren de Aragua gang members directly to El Salvador’s mega-prison. In a separate but equally consequential decision, a federal appeals court overturned an activist judge, affirming that the administration may lawfully detain illegal aliens without releasing them back onto American streets.
For months, activist judges have ordered the release of alien after alien based on the false claim that DHS was breaking the law.
Today, the first court of appeals to address the question ruled that @DHSGov was right all along. pic.twitter.com/oHKZxPuC6x
— Secretary Kristi Noem (@Sec_Noem) February 7, 2026
DHS Secretary Kristi Noem put it plainly:
“For months, activist judges have ordered the release of alien after alien based on the false claim that DHS was breaking the law. Today, the first court of appeals to address the question ruled that DHS was right all along.”
This ruling is monumental—one of the most important of the year. It establishes that illegal aliens who did not enter through a port of entry and are apprehended by ICE must be detained without bail. The consequences are sweeping.
Until now, illegal aliens placed into removal proceedings were routinely granted bail while attorneys dragged cases out for months or even years—allowing them to remain free and continue living in the U.S. That era is over.
Now, if you crossed the border illegally and ICE finds you, you are done. You will not walk free again unless you somehow prevail in removal proceedings—which is exceedingly unlikely. There is no return to your apartment, no tying up loose ends. You either accept deportation or remain in immigration detention until you lose and are removed.
The ripple effects will be enormous: fewer frivolous court fights, reduced immigration court backlogs, and a sharp rise in self-deportations. Faced with the choice—leave voluntarily with assistance, or live in hiding knowing that capture means permanent detention—the calculation becomes obvious.
It’s no longer a game.
In a 5-4 ruling, the U.S Supreme Court has granted President Donald Trump broad wartime authority under the 1798 Alien Enemies Act, empowering him to carry out massive deportations of ‘Tren de Aragua gang members’ directly to El Salvador’s mega-prison!
pic.twitter.com/fz7ObrurY1— Johnny Midnight
(@its_The_Dr) February 7, 2026
For months, activist judges have ordered the release of alien after alien based on the false claim that DHS was breaking the law.
Today, the first court of appeals to address the question ruled that @DHSGov was right all along. pic.twitter.com/oHKZxPuC6x
— Secretary Kristi Noem (@Sec_Noem) February 7, 2026
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