5d ago

US Supreme Court allows Trump to use Alien Enemies Act for deportations

www.bbc.com

Summary

The US Supreme Court allowed Trump to use the 1798 Alien Enemies Act to deport alleged Venezuelan gang members, overturning a lower court’s block.

Trump claims the Tren de Aragua migrants are conducting “irregular warfare” against the US.

The justices ruled deportees must be allowed to challenge removal before it occurs but said the ACLU filed in the wrong court. Justice Barrett joined liberals in dissent, warning of threats to rule of law.

While Trump celebrated, the ACLU also claimed victory, emphasizing the guaranteed due process.

13 comments

While Trump celebrated, the ACLU also claimed victory, emphasizing the guaranteed due process.
The ACLU better act fast, though, because there is no due process coming.
The Administration is about to make a whole bunch more "Administrative errors" and then when the families refile their suits in the proper venue the Administration will go "Whoopsie! We seem to have misplaced them in El Salvador, no backsies, sorry about that!" with their fingers crossed behind their back.
- Just like they did with the kids that disappeared during their family separation policy in Trump's first term. My bet is that they were trafficked.
- Sorry what? What guaranteed due process do they mean?
  
  Based on all the articles I read, this ruling was actually quite narrow, they simply ruled that the families raised the suit in the wrong venue. Specifically, they made no statement on the legality of invoking the Alien Enemies act.
  However, even the justices who voted in favor of the Administration noted that they expected these detainees to have a hearing where they can challenge their deportation before being deported, even if the Alien enemies act applies.
  I am saying that will simply not happen. The Administration will skip over that part and say "We won! Ship 'em out" before the families have a chance to raise the suit in the other venue.
  
  Their opinion focused entirely on the dumb technicality of where the lawsuit was filed, but then turned around and used that as the sole reason to clear away Boasberg's orders and let the government carry on deporting people.
  Also, they talk a bit game about defendants' rights to hearings, but they also made it so every defendant has to challenge individually (in other words, no one big ACLU suit representing everyone finding the whole scheme unconstitutional and a bunch of defendants will probably fall through the cracks), they have to challenge in the fifth circuit in Texas (the most pro-trumo court in the country), and (with the Abrego Garcia case) they aren't making the government bring people back from El Salvador so these defendants are presumably going to be stuck in the El Salvador dungeon unable to assist their attorneys while those cases are going on.
  That all said, while the court is obviously trying to give the Trump administration everything they want while still making it look like there will be a real trial, I don't doubt that this administration is stupid/arrogant enough to get pissy about how it looks and try to blow off even these kangaroo court hearings like you're saying.
  
  What a bunch of fucking cowards. They know that they don't have any power anymore so they are doing everything that they can to delay the general public from realizing that.

13 comments