Supreme Court blocks Trump from using #AlienEnemiesAct for deportations ~ UPI.com
UPI · Supreme Court blocks Trump from using Alien Enemies Act for deportations - UPI.com
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#alienenemiesact
56 posts11 participants1 post today
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On March 20, NYT reported that an #intelligence assessment in late February contradicted that claim. It detailed many reasons that the intelligence community as a whole concluded that the gang was not acting under the Venezuelan govt’s control. The FBI partly dissented, maintaining that the gang had some links to #Venezuela’s govt based on information all the other agencies did not find credible.
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But behind the scenes, a political appointee told a career ofcl to rework the assessment, a direction that allies of the #intelligence analyst said amounted to pressure to change the findings.
#Trump on March 15 invoked the #law, the #AlienEnemiesAct, to summarily remove people accused of being members of the gang, TdA. The #AEA requires a foreign state’s involvement, & Trump claimed #Venezuela’s govt directed the gang to commit crimes in the US.
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The court has decided—per curiam opinion, that means they decided as a whole seven of them—that a decision of a district court and of the Fifth Circuit were wrong and that we have to stay the deportation, some of us call it the abduction, of Venezuelan migrants to El Salvador."
#SupremeCourt #Trump #immigrants #AlienEnemiesAct #deportations
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"Late Friday afternoon, the Supreme Court ruled that the Trump Administration could not justify the deportation of Venezuelan immigrants with the Alien Enemies Act."
~ Norman Eisen
#SupremeCourt #Trump #immigrants #AlienEnemiesAct #deportations
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https://contrarian.substack.com/p/katie-phang-steve-vladeck-and-norm
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A top adviser to the director of national #intelligence [#DNI] ordered a senior analyst to redo an assessment of the relationship between #Venezuela’s govt & a gang after intelligence findings undercut #Trump’s justification for deporting immigrants, acc/to ofcls.
Trump’s use of a wartime #law to send #Venezuelan immigrants to a brutal prison in #ElSalvador without #DueProcess relies on a claim that US intelligence agencies think is wrong.
Make it match the #propaganda!
Trump Appointee Pressed Analyst to Redo Intelligence on #Venezuelan Gang
The move followed a disclosure that intelligence agencies disagree with a key factual claim #Trump made to invoke a wartime #deportation #law.
#immigration #AlienEnemiesAct #Venezuela #Maduro
https://www.nytimes.com/2025/05/16/us/politics/trump-appointee-venezuela-gang.html?smid=nytcore-ios-share&referringSource=articleShare&sgrp=p&pvid=BF4B795A-299F-4CA7-AF0E-DD4C2880AA85
The New York Times · Trump Appointee Pressed Analyst to Redo Intelligence on Venezuelan Gang
Via the #MeidasTouchNetwork @ 5:31pm ET
#SupremeCourt makes MAJOR RULING on #Trump operation, prevents Trump from continuing to fly undocumented people to foreign countries without proper #DueProcess
Replied in thread
@GottaLaff
RE
#Thomas #Alito are 
#proFascist
#SamuelAlito #ClarenceThomas, dissented "there were no grounds for the court to get involved at such an early stage of the litigation"
The court... "no authority to issue any relief"
In the ruling, the court did not weigh in on the weighty _underlying question_ of whether the Trump administration can deport people under the #AlienEnemiesAct
"I did that!" 
NBC News · Supreme Court rules Trump administration must give Venezuelans more time to challenge deportation under Alien Enemies Act
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All that said, this does nothing to help the people who were already rendered to #ElSalvador illegally by the #Trump admin. That’s a separate case. Which is why this issue should be addressed in a #ClassAction as
argued yesterday before #SCOTUS.
MastodonNonilex (@Nonilex@masto.ai)Justice Kagan asks Sauer to assume that #Trump’s EO on #BirthrightCitizenship is unconstitutional. Since Sauer is questioning whether a #ClassAction lawsuit would be viable in this matter, how long would it take for #SCOTUS to resolve the matter if everyone had to sue individually?
Kagan’s question gets at the practical impact of abolishing #NationwideInjunctions: She is suggesting it would be a chaotic process for many individual plaintiffs across the country fighting for citizenship.
#law
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Notably, #Kavanaugh issued a concurring opinion saying,
“I would prefer not to remand to the lower courts & further put off this Court’s final resolution of the critical legal issues. Rather,… I would grant certiorari, order prompt briefing, hold oral argument soon thereafter, and then resolve the legal issues.”
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Once the #5thCircuit rules, this almost certainly goes straight back to #SCOTUS for a ruling on the AEA proclamation itself.
I have no doubt the 5th Circuit will say #Trump’s invocation of the #AlienEnemiesAct is legal even though there is no war, invasion or incursion.
I also thoroughly expect the Trump admin to try to continue #deportations without #DueProcess.
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#SCOTUS sets up how the litigation will proceed.
The #Trump admin is BARRED from deporting people held in WDTX under the #AlienEnemiesAct pending #SupremeCourt review. The #5thCircuit is ordered to rule not just on #DueProcess, but ALSO on the #underlying merits of the #AEA proclamation.
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The #SCOTUS majority ALSO preemptively makes clear (in response to #Alito's written #dissent), that the government cannot get around #ClassAction treatment by agreeing to give notice to the class plaintiffs.
In rejecting jurisdictional arguments raised by the dissent, they bolster the lawsuits challenging the #AlienEnemiesAct.
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The 7-justice majority emphasizes that they are not deciding if #Trump's use of the #AlienEnemiesAct is legal 
. But they do make clear that HOW the Trump admin was trying to USE the #law WAS illegal - a very clear violation of DueProcess.
They remand to the #5thCircuit to develop a new test.
#law #immigration #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #Judiciary #SeparationOfPowers #AbuseOfPower
I’ll give you 1 guess who the 2 justices are in dissent.
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#SCOTUS recites the facts in detail, making clear that the government was about to deport hundreds of people to #ElSalvador without ANY real opportunity to file #HabeasCorpus lawsuits in challenge, a direct violation of their previous order - & mentions #KilmarAbregoGarcia.
![We understood the Government to assert the right to remove the detainees as soon as midnight central time on April 19. The Government addressed the detainees' allegations on April 18 only at an evening hearing before the District Court for the District of Columbia, where the detainees had separately sought relief. The Government guaranteed that no putative class members would be removed that day. Tr. of Proceedings in J. G. G. v. Trump, No. 25-cv-766, ECF Doc. 93, p. 9. But it further represented that, in its view, removal of putative class members as soon as the next day "would be consistent with" its due process obligations, and it "reserve[d] the right" to take such action. Id., at 26; see id., at 16 (explanation by the court that "tomorrow .. starts at 12:01 a.m."). Evidence now in the record (although not all before us on April 18) suggests that the Government had in fact taken steps on the afternoon of April 18 toward removing detainees under the AEA-including transporting them from their detention facility to an airport and later returning them to the facility. See Supp. App. to Reply 1a-5a. Had the detainees been removed from the United States to the custody of a foreign sovereign on April 19, the Government may have argued, as it has previously argued, that no U. S. court had jurisdiction to order relief. See Application To Vacate Injunction in Noem v. Abrego Garcia, No. 24A949 (Apr. 7, 2025), pp. 11-20.](https://s3.masto.ai/media_attachments/files/114/519/441/979/502/714/original/9f88393c7df4c057.png "We understood the Government to assert the right to remove the detainees as soon as midnight central time on April 19. The Government addressed the detainees' allegations on April 18 only at an evening hearing before the District Court for the District of Columbia, where the detainees had separately sought relief. The Government guaranteed that no putative class members would be removed that day. Tr. of Proceedings in J. G. G. v. Trump, No. 25-cv-766, ECF Doc. 93, p. 9. But it further represented that, in its view, removal of putative class members as soon as the next day \"would be consistent with\" its due process obligations, and it \"reserve[d] the right\" to take such action. Id., at 26; see id., at 16 (explanation by the court that \"tomorrow .. starts at 12:01 a.m.\"). Evidence now in the record (although not all before us on April 18) suggests that the Government had in fact taken steps on the afternoon of April 18 toward removing detainees under the AEA-including transporting them from their detention facility to an airport and later returning them to the facility. See Supp. App. to Reply 1a-5a. Had the detainees been removed from the United States to the custody of a foreign sovereign on April 19, the Government may have argued, as it has previously argued, that no U. S. court had jurisdiction to order relief. See Application To Vacate Injunction in Noem v. Abrego Garcia, No. 24A949 (Apr. 7, 2025), pp. 11-20.")
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#SCOTUS also rebukes Judge Hendrix in the Western District of #Texas & the ultra-conservative #FifthCircuit for refusing to act on the #ACLU's emergency request, emphasizing that the facts on the ground showed that planes were set to take off — thus making Judge Hendrix' failure to act an appealable order.
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#SCOTUS makes clear AGAIN that the #Trump admin cannot just throw people onto planes with little to no notice. Those subject to the #AlienEnemiesAct MUST be given time to contact a lawyer, file a #habeas lawsuit, & pursue the case. IOW #DueProcess.
Anything less is illegal.
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#SCOTUS issues a direct rebuke to the #Trump admin's practice of ushering people onto planes: "Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster."
https://www.documentcloud.org/documents/25944899-24a1007-order/
www.documentcloud.org24A1007 Order