The Trump administration will be allowed to resume deporting suspected Venezuelan gangbangers under the 1798 Alien Enemies Act after the Supreme Court on Monday lifted a lower court order that blocked the deportations.
"In a 5-4 decision, the high court ruled that the Trump administration was “likely to succeed on the merits” in a lawsuit filed in a Washington, DC district court challenging the removal of five Venezuelan men under the centuries-old law.
" 'The detainees are confined in Texas, so venue is improper in the District of Columbia,” read the conservative majority opinion." . . .
. . ."The court also determined that anyone the Trump administration is seeking to deport under the Alien Enemies Act must be afforded notice “within a reasonable time and in such a manner as will allow them to actually seek [a court hearing] in the proper venue before such removal occurs.”
. . ."“For all the rhetoric of the dissents, today’s order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal,” the opinion continued. “The only question is which court will resolve that challenge.”
DC District Court Chief Judge James Boasberg had blocked President Trump from invoking the rarely used wartime law last month, and later extended his temporary restraining order until at least April 12.
"The Trump administration filed an emergency request with the Supreme Court to review Boasberg’s pause on March 28, after a divided three-judge panel on the DC Circuit Court of Appeals rejected a request to lift the stay as litigation plays out."
No comments:
Post a Comment