Suspense crime, Digital Desk : The U.S. supreme court on Friday placed a suspension on the Trump administrations effort to try and use the Alien Enemies Act (AEA) to streamline the deportation of Venezuelan nationals. The court's decision places a pause on removals from a north Texas detention center while the legal disputes are settled.
This ruling is responsive to an emergency appeal claim that was filed on behalf of several Venezuelan men branded as gang members by the government. The administration used this classification to claim they had the right to deport them rapidly under the statute of war of 1798.
Split Court Shows Signs of Legal Confusion
As the justices voted to uphold a temporary ban on the south of border deportation policy, Justices Samuel Alito and Clarence Thomas dissenting. The case now goes back to the 5th U.S. Circuit Court of Appeals which previously chose not to involve themselves in the matter.
Justice Alito lambasted the legistlature's decision stating that they did not have all the information needed to make a call before the appeals court reviewed the issue. Although siding with the majority, Justice Brett Kavanaugh indicated he hoped the supreme court took the next chance it got to directly deal with the issue rather than handing it off to a different court.
Trump Alleges Court Defeat is Politically Motivated
Former President Donald Trump expressed anger over the decision, writing on Truth Social: “THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!”
This ruling is but one of a multitude of recent defeats in Trump’s campaign trying to fast track the process to deport undocumented immigrants—especially those identified as security risks radicals—undocumented aliens threatening national security. Critics claim that there has been an attempt to circumvent due process in these matters.
Legal Arguments Concerning the Application of the Alien Enemies Act
His administration first charged the Tren de Aragua gang as a foreign terrorist organization in March, invoking the 1798 Alien Enemies Act. The law, implemented in the 18th century, permits the government to imprison and expel citizens from antagonistic countries during war or periods of national crisis.
At least three federal judges hold that the administration has misapplied this law and its intent. On the other hand, a federal judge in Pennsylvania recently claimed that the law could be used, but conditional to the granting of the detainees a 21-day period to contest their removal, which nullified the 12-hour window put forth by the administration.
The Supreme Court has stated that 24 hours is too little, but has yet to provide what they deem to be the appropriate amount of time.
Court Emphasizes Constitutional Protections
The court explains its ruling is restricted to the application of AEA in these circumstances and does not interfere with other legal avenues of deportation. The unsigned opinion added, “We perceive the importance of the Government’s interests regarding national security as well as the imperative that such interests be sought in a manner compliant with constitutional norms.”
This illustrates the never ending struggle which is legal and political fighting over American immigration policy as the judiciary grapples with timeless legislation in comparison to contemporary constitutional requirements.
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