Supreme Court gives boost to Trump administration's deportation plans under Alien Enemies Act
The ruling said a judge can't block Trump’s plan nationwide but made it clear that people swept up must have a chance to challenge their seizures before they can be deported.
The
Supreme Court on Monday threw out a judge's decision to block the removal of
men alleged to be members of the Venezuelan gang Tren
de Aragua to
El Salvador without any legal process under the Alien Enemies Act.
The
ruling, in which the justices were divided 5-4 in part, means the Trump
administration can try to resume deportations under the rarely used wartime
law, so long as detainees are given due process.
The detainees must be given time to challenge their detentions via a habeas corpus claim and be able to challenge whether the act is being lawfully applied.
The fast-moving case concerns Trump’s aggressive and unprecedented use of presidential power in invoking the 18th century law, which has been used only when the country was at war.
The decision leaves various legal questions about the novel invocation of the Alien Enemies Act undecided, including whether the Trump administration can even invoke it against gang members.
“AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs,” the court wrote in its unsigned majority opinion.
Comments
The Supreme Court prefers to delay hearing cases by insisting that all cases go through the Appellate Courts. This slows the judicial process and becomes a “full employment bill” for Lawyers.
Norb Leahy, Dunwoody GA Tea Party Leader
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