US Supreme Court Backs Trump on Deportations Under 1798 Law
S E E D E D C O N T E N T
WASHINGTON (Reuters) -The U.S. Supreme Court handed Donald Trump a victory on Monday by letting him use a 1798 law that historically has been employed only in wartime to swiftly deport alleged Venezuelan gang members as part of the Republican president's hardline approach to immigration.
The court granted the administration's request to lift Washington-based U.S. Judge James Boasberg's March 15 order that had temporarily blocked the summary deportations under Trump's invocation of the Alien Enemies Act while litigation in the case continues.
Trump invoked the Alien Enemies Act on March 15 to swiftly deport the alleged members of the Tren de Aragua gang, attempting to speed up removals with a law best known for its use to intern Japanese, Italian and German immigrants during World War Two.
In a legal challenge handled by the American Civil Liberties Union, a group of Venezuelan men in the custody of U.S. immigration authorities on the same day sued on behalf of themselves and others similarly situated, seeking to block the deportations. They argued, among other things, that Trump's order exceeded his powers because the Alien Enemies Act authorizes removals only when war has been declared or the United States has been invaded.
The Alien Enemies Act authorizes the president to deport, detain or place restrictions on individuals whose primary allegiance is to a foreign power and who might pose a national security risk in wartime.
Boasberg, an appointee of Democratic President Barack Obama, temporarily blocked the deportations. But Trump's administration allowed two planes already in the air to continue to El Salvador where American officials handed 238 Venezuelan men over to Salvadoran authorities to be placed in the Central American country's "Terrorism Confinement Center."
The judge also has scrutinized whether the Trump administration violated his order by failing to return the deportation flights after his order was issued. Justice Department lawyers said the flights had left U.S. airspace by the time Boasberg issued a written order and thus were not required to return. They dismissed the weight of Boasberg's spoken order during a hearing two hours earlier calling for any planes carrying deportees to be turned around.
Trump's administration has argued that Boasberg's temporary ban encroached on presidential authority to make national security decisions.
On March 18, Trump called for Boasberg's impeachment by Congress - a process that could remove him from the bench - drawing a rebuke from the U.S. Chief Justice John Roberts. Trump on social media called Boasberg, who was confirmed by the U.S. Senate in 2011 in a bipartisan 96-0 vote, a "Radical Left Lunatic" and a "troublemaker and agitator."
The D.C. Circuit upheld Boasberg's order after holding a contentious hearing that involved heated language. Judge Patricia Millett told Justice Department lawyer Drew Ensign that "Nazis got better treatment under the Alien Enemies Act than has happened here." Ensign responded, "We certainly dispute the Nazi analogy."
Family members of many of the deported Venezuelan migrants deny the alleged gang ties. Lawyers for one of the deportees, a Venezuelan professional soccer player and youth coach, said U.S. officials had wrongly labeled him a gang member based on a tattoo of a crown meant to honor his favorite team, Real Madrid.
The SCOTUS has finally taken on the appeals.
Gee, I hate always being right!
Right about what?
Everything except this woman:
So, let's assess what just happened: The ACLU can't just shop for judges in places like DC and the President as long as he allows all these unvetted illegal criminal migrants due process can continue rounding them up.
Obama is no longer in office and he deported far more illegals than Trump could even dream of.
MAGAs basically are complaining about "shopping for judges" when its own product placement does not following its programming and it wants it taken off the shelve.
O no, has Amy Coney turned into a Sandra Day? Not to worry, as soon as either of the two trough eaters, Alito and Thomas, resign the sycophant Bondi will be ushered in.
Thomas is quite the piece of work. Talk about sold out to absolutism. What a stiff. What a wasted time and development towards service to the whole. That man is one-way/all day with no intercession every oozing in through a crack!
The left never has to worry about their nominees turning. It is a strong, though disgusting ideology.
But conservative asshats that shop for the most conservative judge in Texas are just okey dokey?
U.S. District Judge Matthew Kacsmaryk is a sweetheart for any pro life legislation, going so far as to try to block mifepristone nationally because he said so.
You should read some of the things you have printed here in the past and try to be more like Fox,
"fair and balanced".
you can't have it both ways.
And the Fracturing of Democracy continues
How does this fracture democracy? The SCOTUS has deemed his actions to be legal.
No, it has not.
Never realized democracy included allowing gang members move in.
it's only being fractured when those the action goes against anything the left supports. In this case, illegals and violent gang members.
This is how democracy works. If you don't like the law, win elections or persuade the current congress to change it.[✘]
The logic in your comment about judges is circuitous. Any "elected" judge by definition is a politician who is obligated to make promises to his "constituents" - which are professional, private, and personal. Such a 'creature' can not be fair and impartial and base assents and dissents on rule of law along. What is worse, such an elected official would not be expected to be so.
I guess the left doesn't know D.C. courts have no jurisdiction in Texas where the detainees are being held.
So what is the rationale for shipping some detainees all the way to Texas if not for courts that favor the administration?
NPR has an interesting report on this:
The rationale is space. Texas has offered space to house the detainees. The ACLU fucked up by shopping for a favorable judge and petitioned the wrong court.
Read the link. Unless of course you think you will be tainted by their @!@ 'bolshevism'.
I am so sick and tired (spits!) of the strategies both sides are obligated to deploy to attack and retaliate against each other. Why can't these educated professionals grow the hell up and realize that people just want an obviously "blessed" country like ours - with a great deal of the world's bounty coursing through its veins, to be a good country for all its people?!
We are tired of all this fussing and fighting, and apparently don't know how to 'quit' it!
So some research. Unless of course you think it will go against the BS narrative.
Do you mean do some or Q some?
To be honest, I think the courts are sick and tired of putting out 'fires' created just to land on their doorsteps. Citizen groups not promoting just their own interests, but actually taking court actions to COMPEL other citizens to "do" what they want out them. In truth the law is not for/against one or the other set of groups fighting. That is, both groups often have a perspective which courts following the law can and ought to honor.