"They cannot file lawsuits or otherwise assert their rights in court. They cannot obtain evidence proving that they are not gang members, or that they have lawful immigration status. If family members and counsel can’t find or speak to their clients, they cannot do so either.

Undocumented migrants are at greatest risk, but without procedural protections, longtime U.S. residents, people with legal status, and even U.S. citizens also get caught in the net."

#Trump #immigrants #Constitution
/19

"This practice—cutting people off from any ability to communicate with family members, lawyers, courts, or the outside world in general—has spanned multiple locations in Central America, to Guantánamo Bay, to Border Patrol holding cells, to Immigration and Customs Enforcement (ICE) detention centers."

#Trump #immigrants #deportations #courts #Constitution
/17

"There’s a deadly serious set of ideas behind it, revealing the disturbingly widespread influence of Carl Schmitt, a German jurist and political philosopher who became a prominent propagandist during the early years of the Nazi regime."

#Trump #StephenMiller #HabeasCorpus #immigrants #AlienEnemiesAct #Nazis #Constitution
/7

"The notion is completely foreign to American constitutional law and the political philosophy on which the country was founded, which put the defense of individual rights at the center of its project and firm limits on an executive’s power to abrogate them. Its origins can be found, ironically enough, in the ideology of past 'enemy aliens.'”

#Trump #StephenMiller #HabeasCorpus #immigrants #AlienEnemiesAct #Nazis #Constitution
/6

"This claim, along with similar ones being advanced on issues ranging from birthright citizenship to retaliation against law firms, signals something profoundly disturbing: an embrace of boundless, absolute, unchecked power."

#Trump #StephenMiller #HabeasCorpus #immigrants #AlienEnemiesAct #Nazis #Constitution
/5

"Although a Trump-appointed judge in Texas has for now blocked the use of this act, using it isn’t even necessary, in this view, since this power stemmed from Article II of the Constitution.

However, there is nothing in the Constitution that sees executive power as a kind of ultimate sovereignty."

#Trump #StephenMiller #HabeasCorpus #immigrants #AlienEnemiesAct #Nazis #Constitution
/4

Here’s the Eleventh Circuit’s opinion

https://media.ca11.uscourts.gov/opinions/pub/files/202312160.pdf

Even though the admin has made the dispute primarily about universal injunctions, some court observers have said the justices could decide to rule on the legality of #Trump's order anyway.

It is unusual for #SCOTUS "to be considering an emergency application in this context," University of Chicago #law professor William Baude said.

"Because of that, we won't know what the court is going to focus on until the oral arguments start," Baude added.

The scope of an injunction is significant, the #DOJ told #SCOTUS, & ensuring that lower courts do not act beyond their limited judicial power "is just as critical as merits review," meaning an assessment of an action's legality.

Some #legal experts said the cases differ for numerous reasons. For instance, they said, the Idaho case involved one state, not a presidential #ExecutiveOrder applying nationally.

In that case, called Labrador v. Poe, Idaho asked #SCOTUS to let the state enforce a Republican-backed ban on gender-affirming care for #transgender minors after a federal judge blocked it as #unconstitutional.

The Supreme Court, over the dissent of its three liberal members, granted Idaho's request that the statewide injunction be pared back to cover only the transgender plaintiffs who actually sued.

"An infant would be a #UnitedStates #citizen & full member of society if born in New Jersey, but a deportable noncitizen if born in Tennessee," the plaintiffs in the Maryland case told the justices.

The #DOJ cited #SCOTUS’ action in a case last year to back up its request to narrow the injunctions.

The #DOJ said the issuance of broad #judicial injunctions has bedeviled admins of both parties, Republican & Democratic, & must be urgently rectified by #SCOTUS. #Trump himself on March 20 called the situation "toxic" & urged the #SupremeCourt to act.

Since Trump returned to office, many of his numerous #ExecutiveOrders & other initiatives have been impeded by #judges, including through universal injunctions.

At #SCOTUS, the admin has targeted only the universal scope of the injunctions, content to leave them in place to protect only the people who sued as well as the residents of the 22 states, assuming SCOTUS finds that these states have the necessary legal standing to bring their cases. That outcome would let #Trump's order go into effect in the 28 states that did not sue, aside from any plaintiffs from those states.

The admin contends that the #14thAmendment does not extend to #immigrants who are in the country illegally or even to immigrants whose presence is lawful but temporary, such as #university #students or those on work #visas.

The admin argues automatic #BirthrightCitizenship does not reflect the best reading of the 14th Amendment & it encourages "birth tourism" by expectant mothers traveling the US to give birth & secure #citizenship for their children.

"The situation would be very odd indeed if the court concluded that the plaintiffs' view of the merits is correct, yet gave only the individual plaintiffs the benefit of that ruling," Trammell said.

The #14thAmendment states that all "persons born or naturalized in the United States, & subject to the jurisdiction thereof, are citizens of the #UnitedStates & of the state wherein they reside."

The plaintiffs have said the directive violates a right enshrined in the US #Constitution's #14thAmendment, which was ratified in 1868 & long has been understood to confer citizenship to virtually anyone born in the #US.

Trammell noted that the admin has not contested whether the injunctions should have been issued, asking the justices only to scale back their nationwide effect to protect just the plaintiffs in the cases.

#Trump's order…directed federal agencies to refuse to recognize the #citizenship of #US-born #children who do not have at least one parent who is an American #citizen or lawful permanent resident.

The order was challenged by Democratic attorneys general from 22 states as well as individual pregnant #immigrants & advocacy groups.