Supreme Court Will Review Case Challenging Donald Trump’s “Invasion” Executive Order

The US Supreme Court will review a challenge to President Donald Trump’s January 2025 executive order, which treats illegal migration and drug smuggling across the southern border as an “invasion” and uses that claim to suspend almost all legal migration there. The case could determine how broadly presidential powers can be used in response to events at the border, with potential consequences for migrants and civil liberties.

Trump’s administration relies on the Constitution’s Guarantee Clause, which says the federal government must protect states against invasion. The lower courts ruled against the order on statutory grounds, so the Supreme Court may also avoid deciding what “invasion” means in the Constitution. The case is separate from litigation over the Alien Enemies Act of 1798, which has its own provisions for detaining and deporting migrants.