The Supreme Court will allow Donald Trump to continue with the alleged Venezuelan gang members under an age-old war law after the administration has already deported dozens of immigrants to a notorious El Salvador prison.
A divided court agreed on Monday night to uplift the order of a judge who temporarily blocked the president’s use of the alien enemies law to quickly deport people from the US while a legal challenge plays. But the judges said that the immigrants were “entitled to note and an opportunity to challenge their removal” before a judge.
“The only question is which court will solve the challenge,” they wrote.
According to the unsigned order, these challenges should take place in Texas, not in Washington, DC.
Conservative justice Amy Coney Barrett joined Liberal Judges Elena Kagan, Ketanji Brown Jackson and Sonia Sotomayor in division.
The decision of 5-4-with the wife of the court who is different on a federal appeal court’s rejection of the president’s attempt to cast out a ruling by district judge James Boasberg. The judge also weighs whether they should keep government officials in contempt for allegedly returning his court orders to return deportation flights to the United States before dozens of Venezuelan immigrants ended up in a Salvadoran prison, which faces the prospect of indefinite detention.
Flights were in the air on March 15 when Boasberg ordered the administration to reverse the aircraft after a lawsuit from the American Civil Liberties Union that challenges the removal of their clients. The judge wants to know when government lawyers have transferred his oral and written orders to administrative officials and who, if someone, gave the flights a green light despite his orders.
In his proclamation in which he evokes alien enemies for only the fourth time in American history, Trump said that “all Venezuelan citizens of 14 years of age or older are members of members of [Tren de Aragua]is within the United States, and is not actually naturalized or legal permanent residents of the United States, can probably be detained, held, secured and removed as alien enemies. “
The administration has since acknowledged in the court starts that ‘many’ of the people sent to El Salvador did not have criminal records, and lawyers and family members say that their clients and family members – some of whom were in the country with legal consent and emerging court hearings about their asylum claims – had nothing to do with Tren de Aragua.
Attorney -General Pam Bondi called the Supreme Court’s decision on Monday a ‘landmark for the rule of law’.
An “Washington activist, DC, does not have the jurisdiction to control President Trump’s authority to carry out foreign policy and keep the American people safe,” she said. “The Justice Department will continue to fight in court to make America safe again.”
The Strange Enemies Act – recently used to round up Japanese Americans in internment camps during World War II – grants the president’s authority to remove ‘alien enemies’ during wartime or a ‘predator invasion or invasion’ by a foreign power. The administration claims that the Venezuelan government ordered Tren de Aragua in the United States.
Appeal Court judges said Trump “picks the third-order use” of the word “invasion” to justify summary deportations, and argued that immigration alone is not a ‘predator invasion’.
Sotomayor, who wrote in the dissent of the Supreme Court, said the majority’s “legal conclusion was suspicious” and made a decision “without causing the serious damage, plaintiffs would face if they were mistakenly removed from El Salvador” or “regard for the government’s efforts to undermine the judicial process during this litigation.”
‘What if the government later states that it is one of these prisoners to [El Salvador’s megaprison] In error? Or a court ultimately certainly that the president under the foreign enemies Act does not have authority to declare that Tren de Aragua is making an “invasion” against the United States area? “She asks.
“The government takes the view that, even if it makes a mistake, it cannot get individuals from the Salvadoran prisons to which it sent them,” she said. “The implication of the government’s position is that not only citizens, but also the citizens of the United States can be carried away from the streets, can be forced on aircraft and limited to foreign prisons, without any opportunity to correct as judicial review before removing such legal regimes is not a stranger, but this country’s system is unable to prevent.”
Sotomayor said the behavior of the administration in this case “poses an extraordinary threat to the rule of law.”
“That a majority of this court now rewards the government for its behavior with discretionary fair relief is indefensible,” she wrote. We as a people and a court of court must be better than that, ”she emphasizes.
